More power for police under new law on dog attacks – but horse owners will ‘still have questions’

Stronger law on dog attacks on animals – including horses – is now in force, giving police tougher powers to deal with offenders.

H&H reported that the Dogs (Protection of Livestock) (Amendment) Bill had passed its final reading and would become law (news, 18 December). It came into effect on 18 March and has been welcomed, although some questions still remain for horse owners.

The maximum penalty for livestock worrying has increased from £1,000 to an unlimited fine. It also extends protection to incidents on roads and paths, recognising that attacks can happen when livestock is being moved.

Under certain circumstances, police can now seize and detain a dog, and enter premises to secure evidence or animal DNA.

A Defra spokesperson said Defra recognises that dog attacks can have horrific consequences and takes this issue very seriously, confirming to H&H that “livestock” includes horses.

The spokesperson added that if a horse is attacked by a dog while being ridden on a road or path, there may be sufficient evidence that the dog was dangerously out of control under the Dangerous Dogs Act 1991.

He said the Crown Prosecution Service (CPS) would assess whether to proceed with a prosecution under relevant legislation on a case-by-case basis, and that it remains a matter for the courts to ultimately decide whether, on the facts of the case, an offence has been committed.

World Horse Welfare head of public affairs Kim Ayling told H&H the charity is delighted the legislation is in place, the intention “clearly being to better protect livestock, including horses”.

“We know riders and dog owners have questions over how it will work in practice, especially around what enforcement action will be taken when it comes to chasing or causing horses distress, rather than when an out-of-control dog has attacked a horse or livestock,” she said.

“As with any new law, it will come down to how the court interprets each situation based on the facts available and how it chooses to apply the law.”

Hannah Bradley, partner at Aria Grace Law CIC, told H&H: “Horse owners will feel some additional protection by the specific inclusion of attacks on roads and paths in the legislation, which seems to open the door for attacks while hacking to be prosecuted more easily. However, the deterrent impact of it will only be felt if there is awareness in the dog-owning community about the more robust penalties.

“Dog attack cases are always fact-sensitive, and the retention of contemporaneous evidence such as video footage will always be helpful to secure a prosecution.

“It remains to be seen how charging decisions in relation to the new legislation will be made by the CPS, and ultimately how the courts will interpret and enforce the legislation.”

H&H also contacted the British Horse Society (BHS) and was told that BHS safety team manager Des Payne’s comments from December still stand.

In December, Mr Payne said that the BHS recognises the positive steps, but there are still “vital elements we feel need to be addressed”.

He said that although the BHS acknowledges this gives police greater powers, it only protects horses on agricultural or grazing land including “roads and paths” for movement.

“We welcome any opportunity to discuss the bill with the Defra minister, so that this can include all public spaces and clarification that this does include while being ridden or driven,” said Mr Payne, adding that the BHS is supportive of “any legal process that furthers the protection of horses”, but will continue to campaign for stricter regulations.

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