In a weekly column, solicitor Juliet Phillips-James casts

Her expert eye over a range of legal matters and urges anyone with any questions or problems to come forward for help.

Q AI have received a warning in relation to my dog’s behaviour and warned that if it isn’t kept under control it could be classed as a ‘dangerous dog’ – what does this mean? No matter what breed of dog you own and however calm and friendly they may normally be, the Dangerous Dogs Act still applies to every dog owned by a person in England and Wales.

Under the Act it is illegal for a dog to be ‘dangerously out of control’ or to attack someone, whether injury was caused or not. It is also noteworthy that if a person has ‘reasonable apprehension’ that a dog may attack them an offence may be committed.

In essence, a dog is considered ‘dangerously out of control’ if it: (i) injures someone; (ii) makes someone worried it may injure them. Since 1991 it has been illegal for dogs to be ‘out of control in a public place’. However, an amendment to the Act was made in 2014 for the provision of offences to be committed on private property which is inclusive of inside your own home, other people’s homes and their attached gardens.

The act also makes it an offence for a dog to attack an assistance dog (guide dog etc...) but attacks on other animals including pet dogs are not classified as a criminal offence. However, if a person intervenes during an attack on another animal by an out of control dog and is subsequently injured, or fears that they may be injured, then the police may investigate this matter and you may be prosecuted.

Should your dog be classed as a dangerous dog and an offence committed, the sentencing guidelines are broad and range from nonimprisonable disposals to terms of immediate imprisonment. It is also noteworthy that a dog may be rehomed or destroyed (euthanised) as a result of any Dangerous Dogs Act conviction.

If you have had a warning about your dog’s behaviour, it is sensible to address any behavioural issues with a dog behaviourist, keep them on a lead, be selective where you take them, ensure your property is secure and that the dog can be secured away should anyone enter the bounds of your property.