What's the law on dealing with dogs worrying sheep?

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What's the law on dogs worrying sheep?

By David Barrington Barnes

Monday, 15 December 2008

My sheep have recently been twice attacked by a dog and several injured. What is the legal position regarding shooting a dog under these circumstances?

My sheep have recently been twice attacked by a dog and several injured. What is the legal position regarding shooting a dog under these circumstances?

First, though the owner of a dog worrying sheep is committing a criminal offence, the law creating this offence does not empower the farmer to shoot the dog. These days a farmer who shoots someone’s marauding dog is quite likely to be charged with criminal damage. If he is, then his defence will be likely to show he has reasonable excuse as he was protecting his sheep, which are his property. The farmer would have a similar defence to a civil action taken against him for shooting an offending dog.

He would also need to have notified the police within 48 hours of the shooting.
As to using a rifle to shoot a dog, it must be appreciated that a dog is not vermin, as vermin is, by definition, wild. Therefore, a rifle conditioned only for the shooting of vermin or pests would not be conditioned to shoot a dog, unless the certificate had printed on it (as some do) an additional condition authorising the holder to use the rifle for the shooting of animals for the protection of other animals

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Comments

Mike Hemingway

Fri, 15th Apr 2011 11:12:04

As a retired rural police officer, I would say this. Should the legal owner of sheep or any vulnerable farm stock witness the dogs in the act od attacking the sheep. he or his employee is quite entitled to shoot the dog(s) if there is no other way to stop them. He is obliged to inform the local police in person, not by phone,within 24 hours with full details of his action, and complete a Form to this effect. He can then seek compensation from the owners of the dogs for any financial loss he has incurred. Mr Field is correct when he states that the dogs must be in the act of attacking sheep. If the dog is caught, a vet will cause the dog to vomit, and if fresh wool is in the vomit, again the offence is complete.

sandra mcneil

Tue, 26th Oct 2010 22:35:47

my lovely dogs got out when someone turned the key on theoutside of the door,i notified the police right away and looked all overwith no luck,then the police told us they where shot but not the farmer but by a gun club friend of his is this allowed,they were very friendly and clean could they not have called them over and saw there identity tags,or phoned the police who knew all about them getting out.i am really devistated.

David Heap

Sat, 24th Jul 2010 17:56:21

Farmers think that they have the sole right to shoot dog's regardless. They do not, especially when they shoot dead a neighbours cattle dog's out of spite. Shooting 'Townies' dog's then threatening the owners of all kinds of tales of Police etc does not wash when it is used on real Farmers.

Oliver Bennett

Mon, 27th Apr 2009 10:25:35

i think it is an absolute disgrace that dogwalkers stroll through fields as if they own them when they dont and after asking many people to put there dogs on there leads and getting knowhere can only mean taken action such as shooting the dog!!!

Billy Field

Tue, 14th Apr 2009 11:46:05

With reference to the above,if you have to resort to shooting dog/s. You must ensure that you do so when they are in the act of "worrying" the sheep, for once they have stopped, you no longer have that option. Further more there is another offence being committed by the owner of the dog or the person being responsible for it at the time. This comes under para' 3, section 3 of the "Dangerous Dogs Act 1991." Section three normally covers dogs being dangerously out of control in a public place, para' 3 of section 3 however mentions dogs that go onto areas that are not a public place and are dangerously out of control. If it then bites someone it becomes an aggravated offence. The problem you will have however is getting the police to enforce this. They will be either unaware of it or say they are unable to enforce unless the dog bites someone. This is not correct, the act does mention it can only be applied once someone has been bitten but if someone is bitten it then becomes an aggravated offence. I would argue that in the process of protecting your sheep from marauding dogs you had every reason to believe you could be bitten. We in the rural community are only to aware of people trying to use the law against us it's about time we used it to our advantage!

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