With the first of the 2022 lambs expected in the next few weeks it is appropriate to have a look at the law regarding dogs worrying livestock.
The Dogs (Protection of Livestock) Act 1953 states that if a dog worries sheep on agricultural land, the owner and/or the individual in charge of the dog is guilty of a criminal offence. The act gives “worrying” a broad meaning including chasing and attacking livestock in such a way that could cause injury, suffering or premature birth. The Police have powers to seize a dog suspected of worrying livestock if there is no owner present and can obtain a warrant to enter premises in order to identify a dog. This is a significant power because around 50% of attacks are carried out by dogs allowed to “walk” themselves at night or are left unattended during the day in secured gardens. In more serious incidents a prosecution can be brought under the Dangerous Dogs Act 1991 where fines are much higher and the owner or keeper could be sent to prison. Under the 1991 Act the Courts may also order the destruction of any dog behaving dangerously and may order the owner/keeper to be disqualified from having the custody of a dog for such period as the Court thinks fit.
While a farmer does not have a legal right to shoot a dog that is worrying livestock, the act of so doing may constitute a legal defence to any proceedings for criminal damage in respect of the dog’s destruction. Shooting a dog, however must be a very last resort because in order to prove he had a “lawful excuse,” the farmer will need to demonstrate that his stock were in immediate need of protection and that his actions were reasonable in all the circumstances-a high hurdle in an age where the use of firearms generally is under close scrutiny. It is imperative that if a dog is shot the incident is reported to the Police within 48 hours notwithstanding that the use of a gun in these circumstances might excite a review of the farmer’s gun licence and possible revocation.
According to Sheep Watch UK, about 15,000 sheep are killed each year by stray dogs or dogs let off their lead by short sighted owners and these figures do not include the many attacks that go unreported. Dog owners need to understand that a loving family pet can become a totally different animal in a field of livestock and if they attack or worry sheep, the family pet is seriously at risk of destruction. Dog owners must keep their animals under control and farmers should ensure there are clear and visible signs near public footpaths to remind owners to use a lead and position livestock feeders well away from public footpaths.
