Dogs (Jersey) Law
1961[1]
PART 1
INTRODUCTORY
1 Interpretation[2]
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;
“animal shelter” means a
business licensed as an animal sanctuary under Article 15 of the Animal
Welfare (Jersey) Law 2004;
“applicant” means
a person who applies for a licence;
“collar” includes a harness;
“dangerous dog”
has the meaning given in Article 1B;
“dangerous dogs register”
means the register of dangerous dogs maintained under Article 5A;
“dangerous dog registration number” means the
registration number of a dog listed on the dangerous dogs register;
“dangerously out of control”
has the meaning given in Article 1C;
“dog licence register”
means a register kept by a Connétable under
Article 4C;
“licence” means a
licence issued under Article 4;
“licence holder”
means a person to whom a licence has been issued;
“licence
number” means the registration number of a licence on a dog
licence register;
“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;
“Minister” means
the Minister for the Environment;
“neuter”
means –
(a) surgical
castration in relation to a male dog; and
(b) surgical
spaying in relation to a female dog;
“owner”
has the meaning given in Article 1A;
“poultry” means domestic fowls, turkeys, geese and
ducks;
“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;
“registered owner”, in relation to a dangerous dog,
means the owner named in the dangerous dogs register;
“States Police Force” has the meaning given in Article 1
of the States of Jersey Police Force Law 2012;
“States Veterinary Officer”
means the States Veterinary Officer appointed under Article 5 of the Animal Health (Jersey) Law 2016;
“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.
1A Meaning
of owner[3]
(1) In this Law, a person
owns a dog if they are aged 16 or over and are the person with whom the dog
usually lives.
(2) Unless
the contrary is proved, a person is considered to be the owner of a dog if the
dog is found or seen in that person’s custody, charge, possession, house
or premises.
(3) If
a dog is training to work, or is working, as an assistance dog, the owner is
the organisation responsible for the dog’s training and its allocation to
the person it assists.
(4) If the dog is on the
dangerous dogs register, the owner is the registered
owner.
1B Meaning
of dangerous dog[4]
(1) A dog is a dangerous dog if –
(a) it is
of the type commonly known as –
(i) the
Dogo Argentino;
(ii) the
Fila Brasileiro (also known as the Fila Braziliero or
the Brazilian Mastiff);
(iii) the
Japanese Tosa (or Tosa);
(iv) the
Pit Bull Terrier; or
(v) the XL Bully;
(b) it is
of any other type that appears to have been bred for fighting; or
(c) it is
of a type for which a licence for importation or exportation is required.
(2) When
a person is considering whether a dog is of a type listed in paragraph (1),
that person must have regard to guidance (if any) about the dog type published
by the States Veterinary Officer.
(3) The
Minister may by Order amend the list of dangerous dogs
in paragraph (1).
1C Dangerously
out of control dog[5]
A dog is regarded as being
dangerously out of control if 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 a person, a domestic
animal or livestock; or
(b) its behaviour
gives, or has given, rise to reasonable alarm or apprehension on the part of a
person for –
(i) the
person’s own safety;
(ii) the
safety of another person; or
(iii) the
safety of a domestic animal or livestock.
Part 2[6]
Licences
2 Requirement
to have licence to own dog
(1) A
person must not own a dog unless a licence has been issued to the owner in
respect of that dog in accordance with Article 4.
(2) An
application for a licence must be made –
(a) to
the Connétable of the parish in which the
owner resides; and
(b) in
the manner and form that the Connétable
requires.
(3) When
applying for a licence, the applicant must declare whether the dog is a
dangerous dog and, if the dog is a dangerous dog, provide –
(a) the
dog’s dangerous dog registration number; and
(b) proof
of insurance complying with Article 5C.
(4) A
person who contravenes paragraph (1) commits an offence and is liable to a
fine of level 2 on the standard scale.
(5) An
applicant who falsely states without reasonable excuse that a dog is not a
dangerous dog or provides false proof of insurance commits
an offence and is liable to imprisonment for a term of 2 years and to a
fine.
3 Exemptions
from licensing requirement
(1) A
licence is not required in respect of –
(a) a dog
under the age of 6 months;
(b) a dog
used solely by a blind person for that person’s guidance; or
(c) a dog
that –
(i) is
used by a deaf person; and
(ii) has
been trained by an organisation that exists to train dogs for that purpose, to
assist that person to overcome disabilities caused by their deafness.
(2) The
States may by Regulations specify other exemptions from the requirement to have
a licence.
4 Issue
of licences
(1) The Connétable
of the parish in which the owner resides must issue a licence, unless
paragraph (2) applies.
(2) The Connétable
must refuse to issue a licence if –
(a) the
applicant is under the age of 16 years; or
(b) the
dog is a dangerous dog and –
(i) the
dog is not registered under Article 5A;
(ii) the
dog is not covered by insurance complying with Article 5C; or
(iii) the
applicant is not the person named as the owner in the register of dangerous
dogs.
(3) Unless paragraph (4)
applies, a licence remains in force until the 31 January following the day on
which it was issued.
(4) A licence issued on or
after 1 January and before 1 February remains in force until the 31 January in
the year following the year in which it was issued.
(5) The Comité des Connétables
may by Order prescribe a fee for the issuing of a licence.
(6) A
licence must not be issued until the prescribed fee is paid.
(7) The
prescribed fee must be credited to the General Account of the parish that
issues the licence.
4A Revocation
of licence
(1) The
Connétable may revoke a licence
if –
(a) the
dog has been seized under Article 7, 8 or 11;
(b) the
dog is a dangerous dog and the licence holder did not declare this when
applying for the licence; or
(c) the
Connétable has reason to believe that
Article 5B, 5C, 5D, 5E, 5F or 5G has not been complied with.
(2) If a licence is revoked under paragraph (1), the owner
must hand the dog to which the licence applied to a person specified by the Connétable, within the period of
time specified by the Connétable.
(3) If the owner does not hand the dog to the person specified
within the time specified, the owner commits an offence and is liable to
imprisonment for a term of 6 months and to a fine.
4B Change
of licence holder’s address
(1) If
a licence holder moves to a new address, they must notify the Connétable of the parish in which the licence was
issued within 7 days beginning on the day after they move (in addition to
any requirement under Article 5B to notify the States Veterinary Officer if the
licence relates to a dangerous dog).
(2) The notification must
be made in the manner required by the Connétable.
(3) If the licence holder
moves to a different parish, the licence remains valid for that parish until the
licence expires.
(4) A
person who contravenes paragraph (1) commits an offence and is liable to a
fine of level 2 on the standard scale.
4C Register
of licences
(1) The Connétable
of each parish must keep a register of all licences issued in the parish under
this Part.
(2) The dog licence
register must specify –
(a) the
name, address and telephone number, and the email address, if any, of the
person to whom the licence is issued;
(b) if
provided on the application, the name of each dog in respect of which a licence
is issued;
(c) identifying
features of each dog, which may include –
(i) the
breed or type of the dog;
(ii) the
sex of the dog;
(iii) the
year of birth of the dog;
(iv) whether
the dog has an identifying microchip or whether any other feature that may
assist with accurate identification is attached to the dog;
(v) if
the dog’s DNA is recorded and where it is recorded;
(d) if
the dog is a dangerous dog, the dangerous dog registration number and any
conditions imposed by the States Veterinary Officer.
4D Review
of decision to refuse or revoke licence
(1) A person who is aggrieved by a Connétable’s decision to refuse to issue a licence under
Article 4(2) or to revoke a licence under Article 4A may give notice
in writing to the Connétable that the person
wishes to have the decision reviewed by the Comité
des Connétables.
(2) The
notice must –
(a) be given
within 21 days starting on the day after the Connétable
notifies the person of the decision, or within such further time as the Connétable allows; and
(b) include
a statement of the grounds on which the review is sought.
(3) On
receiving the notice the Connétable must,
within a reasonable time, notify the chair of the Comité
des Connétables who must convene a panel of 3 Connétables to review the decision.
(4) If
the Connétable who receives the notice is the
chair of the Comité des Connétables,
they must immediately notify the vice-chair of the Comité
des Connétables, who must convene a panel of 3
other Connétables to review the decision.
(5) The
panel of Connétables must not include the Connétable who receives the notice.
(6) The
panel must review the decision and confirm or reverse the decision and, within
21 days –
(a) notify
in writing the person and the Connétable whose
decision has been reviewed of the panel’s decision and the reasons for
it; and
(b) if
the panel confirms the decision of the Connétable,
inform the person of their right to appeal to the Royal Court under
Article 4E.
4E Appeal
to Royal Court
(1) A
person who is aggrieved by a decision of a panel of the Comité
des Connétables to confirm a decision on a
review under Article 4D may appeal against the decision to the Royal Court.
(2) The
appeal must be made within 28 days after the panel notifies the person in
writing of the decision, or within such further time as the Royal Court allows.
(3) On
hearing the appeal, the Royal Court may confirm or reverse the decision.
5 Offences
under Part 2
(1) A
person who commits an offence under Article 2 or 4B in respect of more
than 1 dog is liable for each dog in respect of which the offence is committed.
(2) A
Centenier may accept payment of double the amount of
the fee payable for a licence instead of instituting proceedings in respect of
the offences in Articles 2(4) and 4B.
Part 2A[7]
Dangerous
dogs
5A Register
of dangerous dogs
(1) The
States Veterinary Officer must maintain a register of dangerous dogs.
(2) The
States Veterinary Officer may impose conditions upon the registration of a dog.
(3) The
register must include –
(a) the
name of the owner of the dog;
(b) the
address at which the dog is kept, which must be the same as the address at
which the owner ordinarily resides;
(c) confirmation
that there is insurance complying with Article 5C in respect of the dog;
(d) the number
of the identifying microchip implanted in the dog;
(e) if the
dog’s DNA is recorded, where it is recorded; and
(f) any
conditions imposed by the States Veterinary Officer.
(4) The
States Veterinary Officer must not register a dangerous dog if the dog has not
been microchipped, unless the States Veterinary Officer –
(a) has
determined that implanting a microchip would be harmful to the dog and has
provided written confirmation of this to the owner; or
(b) has
informed the owner that the dog must be microchipped by a particular date and
has added that as a condition of registration.
(5) The register must name only 1 person as the registered
owner of the dog and that person must be aged 18 or over.
5B Prohibition
on owning unregistered dangerous dog
(1) A
person must not own a dangerous dog unless the dog is registered under
Article 5A within 30 days starting on –
(a) the
day on which the person first acquires the dog;
(b) if
the person owns the dog from the day it was born, the day of its birth; or
(c) in
the case of a type of dog that becomes a dangerous dog after the person
acquired it, the day on which the type becomes a dangerous dog.
(2) A
person who owns a dangerous dog when the Dogs Law (Jersey) Amendment
Regulations 2025 come into force must register the dog within 30 days
starting on the day those Regulations come into force.
(3) The
registered owner must notify the States Veterinary Officer within 7 days after
any of the following –
(a) the
name of the registered owner changes;
(b) ownership
is transferred in accordance with an order made under Article 11B; or
(c) the
registered owner moves to a new address approved by the States Veterinary
Officer under Article 5C.
(4) A
person who contravenes this Article commits an offence and is liable to
imprisonment for a term of 6 months and to a fine.
(5) The
Minister may by Order prescribe a fee for registering a dangerous dog.
5C Conditions
for keeping dangerous dog
(1) The
registered owner of a dangerous dog must comply with
conditions imposed by the States Veterinary Officer under Article 5A and the
conditions in this Article.
(2) Unless
Article 5D applies, the registered owner of a dangerous dog
must –
(a) keep
the dog at the address recorded in the register; and
(b) keep
the dog in secure conditions that prevent it escaping.
(3) If the registered owner
intends to move to a new address, they must notify the States Veterinary
Officer of the intended new address and must not keep the dog at that address
unless the States Veterinary Officer approves the address.
(4) Unless
Article 5D applies, a person who is not the registered owner or a member
of the registered owner’s household must not look after the dangerous dog
at the address recorded in the register for more than 48 hours.
(5) The registered owner
must have valid third-party public liability insurance in respect of the dog,
which must be approved by the States Veterinary Officer.
(6) A
person who, without reasonable excuse, contravenes this Article commits an
offence and is
liable to imprisonment for a term of 6 months and to a fine.
(7) The Minister may by
Order amend the requirements in this Article.
5D Temporary
address or keeper
(1) The registered owner of
a dangerous dog must not keep, or allow another person to keep, the dog at a
different address from the one recorded in the register (“recorded
address”) unless –
(a) the
States Veterinary Officer has been notified of the address and has confirmed in
advance in writing that they consider that the premises are secure and the
other person is appropriate; and
(b) the
other person complies with any conditions the States Veterinary Officer imposes
regarding the premises at the address.
(2) A person other than the
registered owner may look after the dog at the recorded address if –
(a) the
person is aged 18 or over;
(b) the
States Veterinary Officer has been notified by the registered owner that the
person will be looking after the dog and the States Veterinary Officer has
confirmed in advance in writing that they consider that the person is
appropriate; and
(c) the
person complies with any conditions the States Veterinary Officer imposes
regarding the care of the dog.
(3) The period for which a
dangerous dog is to be kept at a different address under paragraph (1) or
looked after by a different person at the recorded address under paragraph (2)
must not exceed a combined total of 30 days in a period of 12 months, unless
the States Veterinary Officer agrees a longer period.
(4) A person who, without
reasonable excuse, contravenes this Article commits an offence and is liable to
imprisonment for a term of 6 months and to a fine.
5E Prohibition
on breeding dangerous dogs
(1) A
person must not breed from a dangerous dog.
(2) The
registered owner of a dangerous dog must ensure the dog is neutered by a
veterinary surgeon as soon as it is safe to do so and in any case before the
dog is 18 months old.
(3) If
the registered owner of a dangerous dog becomes aware that the dog is pregnant,
the owner must –
(a) no
later than 3 days after becoming aware, inform the States Veterinary
Officer; and
(b) as
soon as practicable, arrange for a veterinary surgeon to terminate the
pregnancy or, if the pregnancy cannot safely be terminated, painlessly destroy
the litter immediately after birth.
(4) A person who
contravenes this Article commits an offence and is liable to imprisonment for a
term of 6 months and to a fine.
5F Prohibition
on abandoning, giving away, selling or transferring dangerous dogs
(1) A person must not abandon, give away, sell or otherwise
transfer ownership, or permit the abandoning, giving away, selling or
transferring, of a dangerous dog, unless the transfer of ownership is permitted
under paragraph (2).
(2) Ownership of a dangerous dog may be
transferred –
(a) by
taking the dog to an animal shelter, if the shelter agrees to receive it; or
(b) in
accordance with an order made under Article 11B.
(3) A
person who contravenes paragraph (1) commits an offence and is liable to
imprisonment for a term of 6 months and to a fine.
5G Control
of dangerous dogs
(1) The
registered owner of a dangerous dog, or any person who has control of a
dangerous dog, must not allow the dog to stray.
(2) When
a dangerous dog is in a public place it must –
(a) be
under the control of a person aged 18 or over;
(b) be
muzzled with a muzzle suitable for the dog, unless the removal of the muzzle is
necessary for the dog to receive veterinary treatment; and
(c) be
kept on a lead of a type that adequately controls the dog and that must be held
by a person aged 18 or over.
(3) A person who, without
reasonable excuse, contravenes paragraphs (1) or (2) commits an offence
and is liable to imprisonment for a term of 6 months and to a fine.
(4) For the purposes of
paragraphs (2) and (3), if a dog in a public place is under the control of
a person aged under 18 or is held on a lead by a person aged under 18, the
offence is committed by the person who permitted the person aged under 18 to
have control or hold the lead.
PART 3
CONTROL OF DOGS
6 Wearing
of collar by dogs[8]
(1) When
in a public place, a dog must wear a collar with the following information
inscribed on the collar or on a plate or badge attached to the
collar –
(a) name
of the dog;
(b) telephone
number of the owner; and
(c) licence
number.
(2) But paragraph (1)
does not apply to –
(a) a
pack of hounds;
(b) a
dog while it is being used for sporting purposes if wearing the collar could
cause the dog harm;
(c) a
dog while it is being used for the capture or destruction of vermin.
(3) If a dog is in a public
place without a collar and paragraph (2) does not apply, the dog’s
owner, any person in charge of the dog and any person allowing the dog to be in
the public place commits an offence and is liable to a fine of level 2 on
the standard scale.
(4) 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 because of its
detention.
(5) Despite the information
required to be inscribed on a collar, plate or badge in accordance with
paragraph (1), that paragraph is taken to have been complied with if,
immediately before the commencement of the Dogs Law (Jersey) Amendment
Regulations 2025 (the “Amendment Regulations”) –
(a) there
is a licence in force in respect of the dog; and
(b) the
name, address and telephone number of the owner are inscribed on the collar or
on a plate or badge attached to the collar.
(6) Paragraph (5) ceases to
apply and paragraph (1) takes effect if, on or after the commencement of the
Amendment Regulations –
(a) the
owner changes their name, address or telephone number; or
(b) the
collar, plate or badge on which the information is inscribed is replaced for
any reason.
7 Seizure
of stray dogs by police officer[9]
(1) If
a police officer has reason to believe that a dog found in a public place is a
stray dog, they may seize the dog and detain it until the owner has claimed it
and has paid all expenses incurred because of its detention.
(2) But
if the police office has reason to believe that the dog is a dangerous dog,
they must follow the procedure in Article 11.
8 Duty
of person other than police officer taking possession of stray dogs[10]
(1) If
a person other than a police officer takes possession of a dog that they
believe to be a stray dog –
(a) if
they believe the dog is a dangerous dog, they must immediately notify a police
officer;
(b) if
they do not believe the dog is a dangerous dog, they must –
(i) return
the dog to its owner; or
(ii) notify
a police officer that they have found the dog and provide the person’s
name and address to the officer.
(2) A
person who notifies a police officer under paragraph (1)(b)(ii) may inform
the police officer that
they are willing to look after the dog until its owner is found and, if the police officer considers it
appropriate, the police officer may allow the person to look after the dog.
(3) If
the person does not want to look after the dog, or the police officer considers
that person should not look after the dog, it is treated as if it was seized by
a police officer under Article 7.
(4) A person who fails to
comply with paragraph (1) commits an offence and is liable to a fine of
level 2 on the standard scale.
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 or are dangerous dogs[11]
(A1) This Article applies in relation to
the seizure of a dog that a police officer has no reasonable cause to believe
is –
(a) dangerously
out of control; or
(b) a
dangerous dog.[12]
(1) Subject to paragraph (3A),
where –
(a) the telephone
number 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 4C,
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;
(c) by
sending it by post to that person at that person’s usual or last known
address; or
(d) by
sending it electronically to the email address (if any) specified in respect of
the dog in the register kept under Article 4C.[14]
(3) Where a dog is seized
under Article 6, 7 or 9 and –
(a) where –
(i) there
is no telephone number 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 4C, 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) [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.[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 or are dangerous dogs[20]
(1) [21]
(2) A police officer may
seize a dog in a public place if the police officer has reasonable cause to
believe –
(a) the
dog is dangerously out of control;
(b) the
dog is a dangerous dog and an obligation under Article 5B, 5C, 5D, 5E, 5F
or 5G is not being complied with in relation to that dog; or
(c) the
dog is a dog in respect of which a licence has been revoked under Article 4A
and that has not been handed to the person specified by the Connétable
within the period of time specified by the Connétable.[22]
(3) A police officer may
apply to the Bailiff, a Jurat or the Magistrate for a warrant authorising a
police officer to enter and search premises.[23]
(3A) The Bailiff, Jurat or the
Magistrate may issue the warrant if they are satisfied that there exists on the
premises specified in the application –
(a) a dog
that is dangerously out of control;
(b) a
dangerous dog in respect of which there is evidence that an offence under
Article 5B, 5C, 5D, 5E, 5F or 5G has been, or is being, committed;
(c) evidence
that is likely to be of substantial value, whether by itself or together with
other evidence, to the investigation of an offence under Article 5B, 5C,
5D, 5E, 5F, 5G or 11A and does not consist of or include excluded items or
materials; or
(d) a dog in respect of which a licence has been revoked under
Article 4A that has not been handed to the person specified by the Connétable within the period of time
specified by the Connétable.[24]
(3B) For the purposes of
paragraph (3A)(c), “excluded items or materials”
means –
(a) items
subject to legal privilege within the meaning of Article 5 of the Police Procedures and Criminal Evidence (Jersey)
Law 2003; or
(b) excluded
material or special procedure material within the meaning of Article 6 of the Police Procedures and Criminal Evidence (Jersey)
Law 2003.[25]
(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 or is a dangerous
dog and retain anything else for which a search has been authorized by a
warrant issued under paragraph (3A).[26]
(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 if a dog is dangerously
out of control 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.[27]
(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.
(7A) If a dog is seized under this
Article, a police officer must inform the States Veterinary Officer as soon as
practicable.[28]
(8) Where –
(a) the telephone
number 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 4C,
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 or, in the
case of a dangerous dog, destroyed if it is not claimed within 7 clear
days after the service of the notice.[29]
(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;
(c) by
sending it by post to that person at that person’s usual or last known
address; or
(d) by
sending it electronically to the email address (if any) specified in respect of
the dog in the register kept under Article 4C.[30]
(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 telephone number 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 4C, 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 or, in the
case of a dangerous dog, painlessly destroyed.[31]
(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 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.[32]
(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[33]
(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 in relation
to dangerous dogs and dogs not kept under proper control[34]
(1) A person may make a
representation to the Magistrate’s Court seeking an order under
paragraph (3) and alleging that –
(a) a dog
is dangerously out of control or is otherwise not kept under proper control;
(b) a dog
is a dangerous dog and Article 5B, 5C, 5D, 5E, 5F
or 5G has not been complied with;
(c) a dog
is a dangerous dog and a licence in respect of that dog has been revoked under
Article 4A;
(d) a dog
is a dangerous dog and the owner of the dog has died or is otherwise unable to
take care of it or to comply with Article 5B, 5C, 5D, 5E, 5F or 5G.[35]
(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) After hearing
representations brought under paragraph (1), or hearing evidence in
proceedings brought for any offence, the Magistrate’s Court may, in
addition to any penalty imposed, make an order –
(a) that
the dog is kept under proper control;
(b) in
the case of a dangerous dog, that –
(i) the
dog’s owner complies with the obligations in Article 5B, 5C, 5D, 5E,
5F or 5G; or
(ii) the
dog is surrendered to a person specified by the Court; or
(c) that
the dog is destroyed.[36]
(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), 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.[37]
(7) Where the
Magistrate’s Court makes an order under paragraph (3)(c) 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.[38]
(8) In making an order
under paragraph (3), the Magistrate’s Court may –
(a) make
an order disqualifying a person from owning or keeping a dog, or type of dog,
during any period the Court thinks fit; and
(b) if
the dog is returned to the owner or the person claiming responsibility for it,
make an order that the owner or person pays some or all of
the expenses properly incurred because of its detention.[39]
(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[40]
(1) Where the
Magistrate’s Court makes an order under Article 11B(3)(c) or (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.[41]
(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) [42]
11D Procedure on
appeals[43]
(1) The Royal Court may at
any stage order that appeals be heard and determined together and may give
directions for that purpose as it sees fit if –
(a) a
person has been convicted of an offence under Article 5B, 5C, 5D, 5E, 5F,
5G, 9 or 11A(1) and an order has been made under Article 11B(3), (6) or
(8) in respect of the same incident; and
(b) the
person appeals against the conviction or sentence and against the order.[44]
(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[45]
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.[46]
PART 4
GENERAL
13 Penalties
for offences[47]
(1) [48]
(2) A person guilty of an
offence under Article 9(1) shall be liable to a fine of level 2.[49]
(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.[50]
(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.[51]
13A Power of Centenier to impose penalty[52]
(1) If
a person is charged with an offence under an Article specified in
paragraph (2) and accepts the decision of a Centenier having jurisdiction in the
matter, the Centenier may impose a fine of whichever
is the lower of –
(a) an
amount not exceeding two-fifths of level 2 on the standard scale; or
(b) the
maximum fine provided for that offence.
(2) This Article applies to
an offence under –
(a) Article 2(4);
(b) Article 4B;
(c) Article 6;
(d) Article 8;
(e) Article 9(1).
(3) A
fine imposed under paragraph (1) is to be paid for the benefit of the
parish in which the offence was committed.
13B Expenses[53]
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[54]
(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) [55]
(2) [56]
15 Citation
This Law may be cited as the Dogs (Jersey) Law 1961.