Dogs (Jersey) Law
1961[1]
PART 1
INTRODUCTORY
1 Interpretation
In this Law –
“agricultural land” means land used as arable, meadow or
grazing land, or for the purposes of poultry farming, pig farming or market
gardening, or as allotments, nursery grounds or orchards;
“collar” includes a harness;
“livestock” means cattle, sheep, goats, swine, horses or
poultry; and for the purposes of this definition “cattle” means
bulls, cows, oxen, heifers and calves, “horses” includes asses, mules and hinnies;
“poultry” means domestic fowls, turkeys, geese and
ducks;
“prescribed” means prescribed in an Order made by the Comité des Connétables;
“public place” means any place to which the public or
any section of the public has access, whether on payment or otherwise, and
whether the access is as a matter of right or by virtue of express or implied
permission;
“States Police Force” has the meaning given in Article 1
of the States of Jersey Police Force
Law 2012;
“worrying livestock” means attacking livestock, or chasing
livestock in such a way as may reasonably be expected to cause injury or
suffering to the livestock or in the case of females, abortion, or loss of or
diminution in their produce.[2]
PART 2
LICENSING
2 Requirement
to have licence to keep dogs[3]
(1) Subject to Article 3,
a person shall not keep a dog unless a licence is issued in respect of that dog
to its owner in accordance with Article 4.
(2) A licence shall not be
issued to any person under the age of 16 years.
3 Exemptions
from licensing requirement[4]
No licence shall be required under this Part in respect of –
(a) a dog under the age of 6
months;
(b) a dog kept and used
solely by a blind person for his or her guidance;
(c) a dog, kept and used by
a deaf person, which has been trained by an organization which exists to train
dogs for that purpose, to assist that person to overcome disabilities caused by
his or her deafness; or
(d) a dog kept and used for
such purposes as the States may specify in Regulations made under this Article.
4 Issue
of licences, etc.
(1) Licences under this Part
shall be issued by the Connétable of the parish in which the owner of
the dog resides.
(2) A licence shall remain
in force until the 31st January next following the
date on which it takes effect.
(3) The Connétable
of each parish shall keep a register of all licences issued in the parish under
this Part.[5]
(4) The register shall
specify –
(a) the
name, address and telephone number, and the email address, if any, of the person
to whom any such licence is issued;
(b) the
name of each dog in respect of which a licence is issued and the identifying
features of the dog, which may include (but are not limited to including) –
(i) the breed of the
dog,
(ii) the
sex of the dog,
(iii) the
year of birth of the dog,
(iv) the
colour of the dog, and
(v) whether there is
attached to the dog a unique identifying microchip or any other feature that
may assist in the accurate identification of the dog.[6]
(5) The prescribed fee for
the issuing of a licence shall be payable before a licence is issued and any
such fee received shall be credited to the General Account of the parish in
which it is received.[7]
(6) Forms or fees may be
prescribed for any purpose connected with the licensing of a dog under this
Part.[8]
5 Offences
under Part 2
(1) If any person keeps a
dog for which a licence under this Part is not in force, not being a dog
exempted by virtue of Article 3, he or she shall be guilty of an offence:
Provided that a Centenier may accept payment of double the amount of
the fee payable instead of instituting proceedings in respect of the offence.[9]
(2) Any person in whose
custody, charge or possession, or in whose house or premises a dog is found or
seen shall, unless the contrary is proved, be deemed to be the owner of the
dog.
PART 3
CONTROL OF DOGS
6 Wearing
of collars by dogs
(1) Every dog while on a
highway or in any other public place shall wear a collar with the name, address
and telephone number of the owner inscribed on the collar or on a plate or
badge attached to the collar:
Provided that this requirement shall not apply to any pack of
hounds, or to any dog while being used for sporting purposes or for the capture
or destruction of vermin.[10]
(2) In the case of any
contravention of this Article in respect of a dog, the owner of the dog and any
person in charge of it, and any person allowing it to be on the highway or in
the public place, shall each be guilty of an offence, and if the dog is not in
the charge of any person, a police officer may seize it and detain it until the
owner has claimed it and has paid all expenses incurred by reason of its
detention.
7 Seizure
of stray dogs
Where a police officer has reason to believe that any dog found on a
highway or in any other public place is a stray dog, he or she may seize it and
detain it until the owner has claimed it and has paid all expenses incurred by
reason of its detention.
8 Duty
of persons taking possession of stray dogs
(1) Where any person takes
possession of a dog which he or she has reason to believe is a stray dog, he or
she shall forthwith either –
(a) return
the dog to its owner; or
(b) notify
a police officer that he or she has found the dog and give his or her name and
address to the officer, and if he or she does not desire to keep the dog, the
dog shall be treated as if it were a stray dog seized by the officer in
pursuance of Article 7.
(2) If any person fails to
comply with the provisions of this Article, he or she shall be guilty of an
offence.
9 Worrying
of livestock by dogs
(1) Subject to the
provisions of this Article, if a dog worries livestock on any agricultural
land, the owner of the dog and, if it is in the charge of a person other than
the owner, that person also, shall be guilty of an offence.
(2) A person shall not be
guilty of an offence under this Article if at the material time the livestock
are trespassing on the agricultural land in question and the dog is owned by,
or in the charge of, the occupier of that agricultural land or a person
authorized by the occupier, except in a case where the said person caused the
dog to worry the livestock.
(3) The owner of a dog
shall not be guilty of an offence under this Article if he or she shows to the
satisfaction of the court that at the time when the dog worried the livestock
it was in the charge of some other person whom he or she reasonably believed to
be a fit and proper person to be in charge of the dog.
(4) Where in the case of a
dog found on any land –
(a) a
police officer has reasonable cause to believe that the dog has been worrying
livestock on that land, and that land appears to the police officer to be
agricultural land; and
(b) no person
is present who admits to being the owner of the dog or in charge of it,
the police officer may seize the dog and detain it until the owner
has claimed it and has paid all expenses incurred by reason of its seizure and
detention.
10 Procedure
on seizure of dogs except dogs that are
dangerously out of control[11]
(A1) This Article applies in relation to
the seizure of a dog other than a dog which a police officer has reasonable
cause to believe to be dangerously out of control.[12]
(1) Subject to paragraph (3A),
where –
(a) the
name and address, telephone number or email address of the owner of a dog that
has been seized under Article 6, 7 or 9 is inscribed on the collar or
on a plate or badge attached to the collar of the dog; or
(b) the
Connétable knows the owner’s name or address, or is otherwise able
to ascertain the identity and address or email address of the owner from the
information inscribed on the collar or on a plate or badge attached to the
collar of the dog or any microchip in or on the dog, or from the register kept
under Article 4(3),
the Connétable shall serve on the owner a notice in writing
stating that the dog has been so seized and will be liable to be sold, given
away or destroyed if it is not claimed within 7 clear days after the
service of the notice.[13]
(2) A notice under this Article
may be served either –
(a) by
delivering it to the person on whom it is to be served;
(b) by
leaving it at that person’s usual or last known address, or at the
address given on the collar;
(c) by
sending it by post to that person at that person’s usual or last known
address, or at the address inscribed on the collar or on a plate or badge
attached to the collar; or
(d) by
sending it electronically to the email address (if any) specified in respect of
the dog in the register kept under Article 4.[14]
(3) Where a dog is seized
under Article 6, 7 or 9 and –
(a) where –
(i) there is no name
and address, telephone number or email address inscribed on the collar or on a
plate or badge attached to the collar of the dog so seized,
(ii) the
Connétable has been unable to ascertain the identity and address or
email address of the owner from the information inscribed on the collar or on a
plate or badge attached to the collar or any microchip in or on the dog, or
from the register kept under Article 4(3), and
(iii) the
dog has been detained for 7 clear days after the seizure; or
(b) where –
(i) a notice has been
served with respect to the dog under paragraph (1),
(ii) the
dog has been detained for 7 clear days after the service of the notice,
and
(iii) no
person has claimed responsibility for it and paid all expenses incurred by
reason of its detention,
the Connétable, or any person authorized by the
Connétable in that behalf, may cause the dog to be sold, given away or
painlessly destroyed.[15]
(3A) If the Connétable is able to
ascertain who owns the dog and considers that the dog may be returned to the
owner without the need to serve a notice on the owner, the Connétable
may return the dog to its owner without serving a notice under paragraph (1).[16]
(4) No dog so seized shall
be given or sold for the purposes of vivisection.
(5) The Connétable
of each parish shall keep a register of all dogs seized in that parish which
are not transferred to an establishment for the reception of stray dogs, and
such register shall contain a brief description of the dog, the date of seizure
and particulars as to the manner in which the dog is disposed of.
(6) Every such register
shall be open to inspection at all reasonable times by any member of the
public.[17]
(7) No dog so seized shall
be disposed of by transferring it to an establishment for the reception of
stray dogs unless a register is kept for that establishment containing such
particulars as to dogs received in the establishment as are above mentioned and
such register is open to inspection by the public.[18]
(8) The police officer or
other person having charge of any dog detained shall cause the dog to be
properly fed and maintained.
(9) All expenses incurred
by a Connétable under this Article shall be defrayed out of the General
Account of the parish in which they are incurred, and any money received by a Connétable
under this Article shall be credited to that Account.[19]
11 Procedure
on seizure of dogs that are dangerously out of control[20]
(1) A dog shall be regarded
as being dangerously out of control if on any occasion it is not being kept
under control effectively by an individual and –
(a) it is
causing or has caused death, injury or other harm to an individual, a domestic
animal or livestock; or
(b) its
behaviour gives, or has given, rise to alarm or apprehension on the part of an
individual for the individual’s own safety, the safety of another
individual or the safety of a domestic animal or livestock, and that alarm or
apprehension is, in all the circumstances, reasonable.
(2) Where a police officer
has reasonable cause to believe that a dog is dangerously out of control, the
police officer may seize the dog if it is in any public place.
(3) On an application made
by a police officer, the Bailiff, a Jurat or the Magistrate may issue a warrant
authorizing a police officer to enter and search premises if the Bailiff, Jurat
or Magistrate hearing the application is satisfied that there are reasonable
grounds for believing that there exists on the premises specified in the
application –
(a) a dog
that is dangerously out of control; or
(b) evidence
which is likely to be of substantial value, whether by itself or together with
other evidence, to the investigation of an offence under Article 11A(1)
and which does not consist of or include items subject to legal privilege,
excluded material or special procedure material within the meaning of Articles 5
and 6 of the Police Procedures and
Criminal Evidence (Jersey) Law 2003.
(4) A police officer may
seize any dog on the premises specified in the application that the police
officer has reasonable cause to believe is dangerously out of control and
retain anything else for which a search has been authorized under paragraph (3).
(5) Paragraphs (3) and
(4) shall not affect the power of a police officer under Article 19 of the
Police Procedures and
Criminal Evidence (Jersey) Law 2003 to enter and search any
premises for the purpose of saving life or limb or preventing serious damage to
property.
(6) The power to seize a
dog under paragraph (2) or (4) does not arise when a dog causes
injury, death or harm to an individual or a domestic animal or livestock or
gives rise to the apprehension described in paragraph (1) at a time when
it is being used for a lawful purpose by a police officer or other person
acting in the execution of his or her lawful duties.
(7) A dog seized under
paragraph (2) or (4) shall be transferred to and detained at an
establishment suitable for the reception of dangerous dogs (including any
premises in the ownership or control of the States Police Force) and dealt with
thereafter in accordance with this Law.
(8) Where –
(a) the
name and the address, telephone number or email address of the owner of a dog
that has been seized under paragraph (2) or (4) is inscribed on the collar
or on a plate or badge attached to the collar of the dog; or
(b) the
Connétable knows the owner’s name or address, or is otherwise able
to ascertain the identity and address or email address of the owner from the
information inscribed on the collar or on a plate or badge attached to the
collar of the dog or any microchip in or on the dog, or from the register kept
under Article 4(3),
the Connétable shall serve on the owner a notice in writing
stating that the dog has been so seized and will be liable to be sold, given
away or destroyed if it is not claimed within 7 clear days after the
service of the notice.
(9) A notice under this Article
may be served either –
(a) by
delivering it to the person on whom it is to be served;
(b) by
leaving it for that person at that person’s usual or last known address,
or at the address inscribed on the collar or plate attached to the collar of
the dog;
(c) by
sending it by post to that person at that person’s usual or last known
address, or at the address inscribed on the collar or plate attached to the
collar of the dog; or
(d) by
sending it electronically to the email address (if any) specified in respect of
the dog in the register kept under Article 4.
(10) Where a police officer has
seized a dog under paragraph (2) or (4) and a person has claimed
responsibility for the dog, and –
(a) no
representation has been made under Article 11B(1) within 14 days
after the day on which the person has claimed responsibility for the dog; or
(b) no
proceedings have been commenced in respect of an offence under Article 11A(1)
within that time,
the person claiming responsibility for the dog shall be entitled to
have it returned to him or her after paying all expenses properly incurred by
reason of its detention.
(11) Where a dog is seized under
this Article and –
(a) where –
(i) there is no name
and address, telephone number or email address inscribed on the collar or on a
plate or badge attached to the collar of the dog so seized,
(ii) the
Connétable has been unable to ascertain the identity and address or
email address of the owner from the information inscribed on the collar or on a
plate or badge attached to the collar of the dog or, any microchip in or on the
dog, or from the register kept under Article 4(3), and
(iii) the
dog has been detained for 7 clear days after the seizure; or
(b) where –
(i) a notice has been
served with respect to the dog in accordance with this Article,
(ii) the
dog has been detained for 7 clear days after the service of the notice,
and
(iii) no
person has claimed responsibility for it and paid all expenses incurred by
reason of its detention,
the Connétable, or any person authorized by the
Connétable in that behalf, may cause the dog to be sold, given away or
painlessly destroyed.
(12) A dog seized under this
Article shall not be given or sold for the purposes of vivisection.
(13) A dog seized under this
Article shall not be disposed of by transferring it to an establishment for the
reception of dangerous dogs unless a register, that is open to inspection by
the public, is kept for that establishment containing a brief description of
each dog that is seized, the date of seizure and particulars of the manner in
which each dog is disposed of.
(14) The person having charge of
any dog detained under this Article shall cause the dog to be properly fed and
maintained.
(15) All expenses incurred by a
Connétable under this Article or Articles 11B or 11C shall be
defrayed out of the General Account of the parish in which they are incurred, and
any money received by a Connétable under this Article or Articles 11B
or 11C shall be credited to that account.
11A Offence –
dog dangerously out of control[21]
(1) If
a dog is found to be dangerously out of control, the owner and, if different,
the person in charge of the dog at the material time, shall be guilty of an
offence.
(2) In
proceedings for an offence under paragraph (1) against a person who is the
owner of a dog but was not at the material time in charge of it, it shall be a
defence for the owner of the dog to prove that the dog was at the material time
in the charge of a person whom he or she reasonably believed to be a fit and
proper person to be in charge of it.
11B Orders directing
dogs to be destroyed or kept under proper control[22]
(1) Any person may make a
representation to the Magistrate’s Court –
(a) alleging
that a dog is dangerously out of control or is otherwise not kept under proper
control; and
(b) seeking
an order under paragraph (3).
(2) Where a person has made
a representation under paragraph (1) but the dog that is the subject of
the representation is not detained at the time the representation is made, the
Magistrate’s Court may make such interim order as it considers
appropriate for the purpose of keeping the dog under control during any period
before making its decision under paragraph (3), except that no order may
be made under this paragraph that would result in the dog being neutered, given
away or destroyed.
(3) Where, after hearing a
representation brought under paragraph (1) or after hearing evidence in
proceedings brought for any offence, the Magistrate’s Court is satisfied
that a dog is dangerously out of control or is otherwise not kept under proper
control, the Court may make an order either –
(a) that
the dog shall be kept under proper control; or
(b) that
the dog shall be destroyed.
(4) An order shall not be
made under paragraph (3) unless the owner of, or the person claiming
responsibility for, the dog has been given an opportunity to be heard and to
adduce evidence.
(5) An order under paragraph (3) –
(a) may
be made whether or not the person charged is convicted of an offence;
(b) may
be made whether or not a representation has been made within the time limit
specified in Article 11(10)(a);
(c) may
be made whether or not the dog is shown to have injured or killed or caused
other harm to any person or to a domestic animal; and
(d) may
specify the measures to be taken for keeping the dog under proper control,
whether by muzzling, keeping on a lead, excluding it from a specified place or
otherwise.
(6) In making an order
under paragraph (3)(a), if the dog is a male, the Magistrate’s Court
may make an order requiring it to be neutered if it appears to the Magistrate
that neutering the dog would facilitate controlling it.
(7) Where the
Magistrate’s Court makes an order under paragraph (3)(b) or (6) the
owner of the dog or the person claiming responsibility for it may, within the
period of 7 days from the date of the order, appeal against the order to
the Royal Court, and, until the expiration of that period, or until the
determination of the appeal, as the case may require, the order shall have
effect as if it were an order directing that the dog shall remain in detention.
(8) In making an order
under paragraph (3), the Magistrate’s Court may make an order
disqualifying any person from owning or keeping a dog during such period as the
Court thinks fit.
(9) Where the
Magistrate’s Court makes an order under paragraph (8), the person
against whom the order has been made may, within the period of 7 days from
the date of the order, appeal against the order to the Royal Court, and, until
the expiration of that period, or until the determination of the appeal, as the
case may require, the order shall have effect.
(10) Where the Magistrate’s
Court has made, or has refused to make, any of the orders which it is empowered
to make under this Article –
(a) the person
making the representation may, within the period of 7 days from the date
of such refusal or order, appeal to the Royal Court against the decision of the
Magistrate’s Court in the matter; and
(b) if
the dog is detained under Article 10 or 11 on the date the
Magistrate’s Court made its decision, until the expiration of that
period, or until the determination of the appeal, as the case may require, any order
in respect of the dog shall have effect as if it were an order directing that
the dog shall remain in detention.
(11) A person who fails to comply
with the terms of an order made under paragraph (2), (3), (6) or (8) shall
be guilty of an offence.
11C Orders –
supplementary[23]
(1) Where the
Magistrate’s Court makes an order under Article 11B(3)(b) or 11B(6),
it may appoint a person to undertake the destruction of the dog or its
neutering, as the case may be, and require any person having custody of it to
deliver it up for that purpose and order the owner of the dog to pay all the
expenses for its destruction or neutering.
(2) Where a person is
disqualified from owning or keeping a dog by virtue of an order under Article 11B(8),
he or she may, at any time after the end of the period of one year beginning
with the date of the order, make a representation to the Magistrate’s Court
for a direction terminating the disqualification.
(3) On hearing a
representation under paragraph (2) the Magistrate’s Court, having
regard to the disqualified person’s character and conduct since the
disqualification was imposed and to whether there has been a significant change
in circumstances such that it is appropriate for the original disqualification
period to be varied, may –
(a) give
a direction that terminates the disqualification or varies the disqualification
period; and
(b) in
any event, order the person seeking the direction to pay all or any part of the
costs of the application,
and, where the Magistrate’s Court refuses to give the
direction in respect of an order, no further representations in respect of that
order shall be entertained if made before the end of the period of one year
beginning with the date of the refusal.
(4) Where the
Magistrate’s Court refuses to give a direction terminating the
disqualification, the disqualified person may, within the period of 14 days
from the date of the refusal, or such longer period as the Royal Court may
allow, appeal against the refusal to the Royal Court.
(5) Part 1 of the Civil Proceedings (Jersey)
Law 1956 shall apply to the hearing of proceedings under this Article and
Article 11B as if references in that Law to the Petty Debts Court were
references to the Magistrate’s Court.
(6) [24]https://www.jerseylaw.je/laws/current/Pages/07.595.aspx
11D Procedure on
appeals[25]
(1) Where –
(a) a
person has been convicted of an offence under Article 9 or 11A(1) and
an order has been made under Article 11B(3), 11B(6) or 11B(8) in respect
of the same incident; and
(b) the
person appeals against the conviction or sentence and any such order,
the Royal Court may at any stage order that the appeals be heard and
determined together and may give such directions for that purpose as it thinks
fit.
(2) On any appeal under Article 11B(7),
11B(9), 11B(10) or 11C(4), the Royal Court may direct that witnesses shall be
heard before it at the hearing of any appeal in relation to any matter or thing
relevant to the appeal.
(3) On any appeal under Article 11B(7),
11B(9), 11B(10) or 11C(4) the Royal Court may –
(a) confirm,
reverse or vary the decision of the Magistrate’s Court;
(b) remit
the matter with its opinion on the matter to the Magistrate’s Court; or
(c) make
such other order in the matter as it thinks just, and may by such order
exercise any power which the Magistrate’s Court might have exercised, and
any order so made shall have the like effect and may be enforced in like manner
as if it had been made by the Magistrate’s Court.
(4) The decision of the
Royal Court on any appeal under Article 11B(7), 11B(9), 11B(10) or 11C(4) shall
be final and without further appeal.
12 Rules
of Court[26]
The powers to make Rules of Court under Article 112 of the Criminal Procedure (Jersey)
Law 2018, and under Article 13 of the Royal Court (Jersey)
Law 1948, as the case may be shall include powers to make Rules regulating
practice and procedure in applications and appeals under this Law.[27]
PART 4
GENERAL
13 Penalties
for offences[28]
(1) A person guilty of an
offence under Article 5 shall be liable to a fine of level 2 on the
standard scale for each dog in respect of which the offence has been committed.
(2) A person guilty of an
offence under Article 6(2), 8(2) or 9(1) shall be liable to a fine of
level 2.
(3) A person guilty of an
offence under Article 11A(1) shall be liable –
(a) to
imprisonment for a term of 10 years and a fine if the dog has caused death
or serious injury to an individual; and
(b) to
imprisonment for a term of 2 years and a fine of level 3 in any other
case.[29]
(4) A person guilty of an
offence under Article 11B(11) shall be liable to imprisonment for a term of
12 months and a fine of level 3 on the standard scale.[30]
13A Power of Centenier
to impose penalty[31]
(1) Subject to paragraph (3),
where a person charged with an offence under this Law accepts the decision of a
Centenier having jurisdiction in the matter, the Centenier may impose a fine up
to either an amount not exceeding two-fifths of level 2 of the standard
scale or the maximum fine provided for that offence, whichever is the lower.
(2) A fine imposed under paragraph (1)
shall be paid for the benefit of the parish in which the offence was committed.
(3) This Article shall not
apply to an offence under Article 11A or 11B.
13B Expenses[32]
Without prejudice to the power of the
Magistrate’s Court to award costs by virtue of Article 11C(5), all expenses reasonably incurred by a
Connétable in connection with the seizure or detention of a dog under
this Law shall be recoverable as a civil debt from the owner of the dog so
seized or detained.
13C Regulations[33]
(1) The States may make
Regulations to amend this Law.
(2) The power to make
Regulations includes the power to make any supplementary, incidental,
consequential, transitional, or savings provisions, or to amend any enactment,
as the States consider necessary or expedient for the purposes or in
consequence of this Law.
14 Saving
(1) [34]
(2) [35]
15 Citation
This Law may be cited as the Dogs (Jersey) Law 1961.