Dogs owners face ‘absolute responsibility’
Dog owners could be faced with an "absolute responsibility" for any attacks carried out by their animals, under a shake-up of the law.
Thiscouldseethemheldcriminallyliableeveniftheirdoghad no history of aggression as part of a bid to crack down on irresponsible ownership.
The proposal is one of two options for change set out by the Scottish Government in a consultation paper looking at reform of the criminal law to address dog attacks.
Community safety minister Ash Denham insisted that the "vast majority" of Scotland's 600,000 dog owners are responsible and the changes would target small minority.
The Dangerous Dogs Act currently governs the law in Scotland and generally means an offence is only committed where there has been "knowledge or expectation" on the part of the owner that the dog would have acted in the manner it did.
Two possible options for change are looked at, including the introduction of an "absolute responsibility" on dog owners as to the behaviour of their animals. It would mean there is no need to prove the dog owner should have had a more effective approach of keeping a previously aggressive dog under control.
The other option considered in the consultation is effectively to maintain the status quo meaning an owner continues to be held criminally liable when their dog attacks someone only if they has some awareness that the dog would act in the this way. To prove criminal liability under this scenario, it would be necessary to show the owner should have had a more effective approach of keeping their dog under control because of its previous aggressive tendencies.
Ms Denham said: "It is unfortunate that despite the efforts to encourage responsible dog ownership, there are still dogs that can on occasion act in a dangerously out of control way.
"The vast majority of Scotland’s estimated 600,000 dog owners are responsible, take good care of their dogs and are able to experience the benefits of dog ownership.
"For the small minority, however, who do not properly control their dogs, this review is focused on steps that might be taken to improve the way in which the criminal law may deal with dog owners where their dogs act in a dangerous way. Any changes must help improve safety from dangerous dogs especially where dogs are out of control in public places."
Ms Denham added that the decision to take forward any changes in the law will be made by the next Scottish Government after the May election.
Ministers are already working with local councils to establish a dog control database to help enforcement agencies keep track of irresponsible owners who allow their dogs to be out of control.
Councils already have the power to issue dog control notices (DCNS) after new legislation was passed at Holyrood a decade ago on owners who allow their dog to be out of control. But this is a civil notice which can contain a number of conditions such as requiring a dog to be on a lead when in public.