More than 200 dog owners have been prosecuted in Merseyside over dog attacks in the last five years.
In cases where a dog is considered “dangerously out of control” - which could be if it makes someone fear it might attack them - courts can make an order to control or even destroy the dog to protect the public.
If an out-of-control dog actually does attack and injure someone, that is considered an aggravating factor, and the owner could be sentenced to a maximum of five years in prison - as well as making it more likely that the dog will be destroyed.
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Ministry of Justice (MoJ) figures show that last year court proceedings were launched in 43 cases against people on Merseyside for the crime of allowing their dog to be dangerously out of control in a public place and injuring another person. Of those, 38 resulted in a conviction, and 39 sentences were handed out by the courts.
That includes one prison sentence, four suspended sentences, 10 community sentences, 18 fines, and three compensation orders. Three cases concluded with a conditional discharge.
Last year, Sonjia Hatton, from Aigburth, was ordered to pay £2,000 compensation after her bull mastiff savaged and killed a tiny dog in the street in November 2020. The owner of the Yorkshire terrier, a man in his 60s, was knocked to the ground and suffered bite wounds to his hands and arms while trying to protect his dog.
Hatton, then 45, was fined at Liverpool Magistrates Court on Tuesday, February 23 2021, after pleading guilty to dangerous dog offences.
The previous year, court proceedings were launched in 45 cases against dog owners, with 35 convictions. In 2019 there were 54 prosecutions and 41 convictions. In total over the last five years, there have been 230 prosecutions, 180 convictions, and 179 sentences handed out.
Of the offences committed in the last five years, five were so serious the dog owner was handed an immediate custodial sentence, while another 17 received suspended sentences. The courts also gave out 61 community sentences, 58 fines, and five orders for compensation. One dog owner received an absolute discharge, 28 a conditional discharge and four were “otherwise dealt with”.
Shaun Dwyer was sentenced to 28 months in prison earlier this year after his American Pitbull Terrier called Mac, subjected Mark McDuff to a "terrifying attack" which left him scarred for life. Dwyer pleaded guilty to two offences of being in charge of a dog dangerously out of control causing injury and possessing a fighting dog.
Across all England and Wales last year, the average custodial sentence handed out to owners of dogs that attacked people was 10.3 months. That figure is lower than the average 14.2 months in 2020.
The courts also slapped offenders with average fines of £340 in 2021, a 42% rise on the average fine of £239 in 2020 and the highest average in the last five years. Average compensation paid out to victims, however, fell by 35% from £333 in 2020 to £217 last year.
It is not known how many dogs were destroyed, but Crown Prosecution Service guidance states: “There is a statutory presumption for the destruction of a dog following a conviction… unless the Court is satisfied the dog does not constitute a danger to public safety.”
Malcolm Morley, junior vice president for the British Veterinary Association, said: “Any dog of any size or breed has the capacity to react or behave in an aggressive way, particularly if they haven’t been properly socialised and trained.
“The Covid-19 lockdowns saw a huge spike in pet ownership, coinciding with severely limited access to training and socialising opportunities for new puppies, some of whom will have been bred without consideration for their welfare. It’s therefore sadly unsurprising that we have seen increased cases of unwanted behaviour, some of which can result in dogs biting people.
“It’s not too late to turn the situation around and education about responsible dog ownership and understanding canine communication is key to reducing the unfortunate cases of dog bites we see in the headlines.
“Our advice to anyone looking to get a puppy is to carefully consider if they can meet a new pet’s welfare needs in the longer term. Use the free Puppy Contract to make sure you are getting a happy, healthy puppy from a responsible breeder. Learn about how dogs communicate, ensure children know how to behave around dogs and never leave them unsupervised together.
Finally, talk to your vet in case of any concerns about your dog’s behaviour – they will be able to check for any underlying physical causes for this and refer you to a suitably qualified behaviourist.”
A spokesperson for the Dog’s Trust added: “It is important to remember that the majority of dogs in the UK live happy, peaceful lives with their responsible owners. However, we strongly believe that preventative, breed-neutral legislation is needed to identify and deal with those owners who fail to take appropriate action to control their dogs.
“Compulsory microchipping helps to improve the traceability of irresponsible dog owners, but more needs to be done.
“We will continue to look for reform in existing dog control laws until we are satisfied that any new measures are preventative, breed neutral and effective, and ultimately protect both dogs and people alike.
“Dogs Trust advocates prevention as the best long-term solution to dog bites. In changing unsafe behaviours around dogs, we believe we can help to prevent bites from occurring in the first place and promote more positive relationships between people and the dogs they share their lives with.
“Our ground-breaking bite prevention intervention, ‘Be Dog Smart’ which launched in 2015, offers innovative school workshops on staying safe around dogs with further information, advice and downloadable material, available at www.learnwithdogstrust.org.uk. Dogs Trust also provides expert advice and practical training in-person and online through Dog School, visit www.dogstrust.org.uk/help-advice/dog-school to find out more.”
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