Dogs (Amendment No. 4) (Jersey) Law 2016

Dogs (Amendment No. 4) (Jersey) Law 2016 Arrangement Article 1 Interpretation . 3 2 Article 1 amended . 3 3 Article 2 substituted . 3 4 Article 4 amended . 4 5 Article 5 amended . 4 6 Article 6 amended . 4 7 Article 10 amended . 4 8 Article 11 substituted . 6 9 Article 12 amended . 12 10 Article 13 amended . 12 11 Articles 13A 13B and 13C inserted . 12 12 Article 14 amended . 13 13 Citation and commencement 14 Dogs (Amendment No. 4) (Jersey) Law 2016 A LAW to amend the Dogs (Jersey) Law 1961. Adopted by the States 2nd February 2016 Sanctioned by Order of Her Majesty in Council 15th March 2016 Registered by the Royal Court 1st April 2016 THE STATES , subject to the sanction of Her Most Excellent Majesty in Council, have adopted the following Law – 1 Interpretation In this Law the “principal Law” means the Dogs (Jersey) Law 1961 [1] . 2 Article 1 amended In Article 1 of the principal Law – (a) after the definition “agricultural land” there shall be inserted the following definition – “ ‘collar’ includes a harness;”; (b) after the definition “poultry” there shall be inserted the following definitions – “ ‘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 [2] ;”. 3 Article 2 substituted For Article 2 of the principal Law there shall be substituted the following Article – “2 Requirement to have licence to keep dogs (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.”. 4 Article 4 amended In Article 4 of the principal Law – (a) in paragraph (4)(a), for the words “name and address” there shall be substituted the words “name, address and telephone number, and the email address, if any,”; (b) in paragraph (4)(b) for the words “the licence” there shall be substituted the words “a licence”; (c) for paragraph (5) there shall be substituted the following paragraphs – “(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. (6) Forms or fees may be prescribed for any purpose connected with the licensing of a dog under this Part.”. 5 Article 5 amended In Article 5 of the principal Law for the words “the amount of the duty chargeable” there shall be substituted the words “the amount of the fee payable”. 6 Article 6 amended In Article 6(1) of the principal Law for the words “and address” there shall be substituted the words “, address and telephone number” and for the word “thereto” there shall be substituted the words “to the collar”. 7 Article 10 amended In Article 10 of the principal Law – (a) in the heading, after the word “dogs” there shall be added the words “except dogs that are dangerously out of control”; (b) immediately before paragraph (1) there shall be inserted the following paragraph – “(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.”; (c) for paragraph (1) there shall be substituted the following paragraph – “(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.”. (d) in paragraph (2)(b) for the words “place of abode” there shall be substituted the word “address” and the final word “or” shall be deleted; (e) for paragraph (2)(c) there shall be substituted the following sub-paragraphs – “(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.”; (f) for paragraph (3) there shall be substituted the following paragraphs – “(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. (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).”. 8 Article 11 substituted For Article 11 of the principal Law there shall be substituted the following Articles – “11 Procedure on seizure of dogs that are dangerously out of control (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 [3] . (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 (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 (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 (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 [4] 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) Part 5 of the Magistrate’s Court (Miscellaneous Provisions) (Jersey) Law 1949 [5] , shall not apply in relation to any order made by the Magistrate’s Court under this Article or Article 11B. 11D Procedure on appeals (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.”. 9 Article 12 amended In Article 12 of the principal Law – (a) in the heading, the words “for the purposes of Article 11” shall be deleted; (b) the words “Article 11 of” shall be deleted. 10 Article 13 amended For Article 13 of the principal Law there shall be substituted the following Article – “13 Penalties for offences (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 4 in any other case. (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 4 on the standard scale.”. 11 Articles 13A 13B and 13C inserted After Article 13 of the principal Law there shall be inserted the following Articles – “13A Power of Centenier to impose penalty (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 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 (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.”. 12 Article 14 amended In Article 14 of the principal Law – (a) the sentence beginning “Nothing in this Law” shall be numbered as paragraph (1); (b) after paragraph (1) there shall be inserted the following paragraph – “(2) Notwithstanding the substitution of Article 2 of this Law by Article 3 of the Dogs (Amendment No. 4) (Jersey) Law 2016 [6] – (a) the Dogs (Licence Duty) (Jersey) Regulations 2004 [7] shall remain in force until the coming into force of the first Order made under Article 4(5) that prescribes the fee for the issuing of a licence; and (b) a Centenier may continue to accept payment of double the amount of duty chargeable under those Regulations instead of instituting proceedings for an offence until such Order comes into force.”. 13 Citation and commencement This Law may be cited as the Dogs (Amendment No. 4) (Jersey) Law 2016 and shall come into force one month after it is registered in the Royal Court. dr. m. egan Greffier of the States [1] chapter 02.550 [2] chapter 23.820 [3] chapter 23.750 [4] chapter 04.200 [5] chapter 07.595 [6] L.7/2016 [7] chapter 02.550.50