My Lords, government Amendment 56M relates to the maximum penalty for dog attacks. Following an amendment tabled in Committee in the House of Commons by Richard Fuller, Defra consulted over the summer on possible increases to the maximum sentences for offences under Section 3 of the Dangerous Dogs Act 1991 of allowing a dog to be dangerously out of control—the very measure that we have been discussing in the previous amendment. Specifically, that is the aggravated offence where an out-of-control dog kills or injures a person or an assistance dog.
Some 3,180 people and organisations completed the online survey and a number of organisations sent written representations. In summary, some 91% of
respondents considered that the maximum penalty should be increased. We have taken into account the results from the survey, the written representations and the need for the maximum penalty to be proportionate to the offence.
The amendment provides for an increase in the maximum penalty for an aggravated offence under Section 3 of the 1991 Act, to apply in England and Wales, as follows: 14 years’ imprisonment if a person dies as a result of a dog attack, five years’ imprisonment if a person is injured by a dog attack, and three years’ imprisonment for an attack on an assistance dog that results in injury or death of the dog.
These changes reflect the high public concern that two years is an insufficient penalty for these offences, and the fact that seven adults and 10 children have died in dog attacks since 2005, and some 10 assistance dogs are attacked by other dogs every month. As now, each of these offences could also be punishable by an unlimited fine instead of, or in addition to, imprisonment; and, of course, the courts have the option of passing a community sentence.
I should make it clear that these revised sentences will apply only to the aggravated form of the offence in Section 3 of the 1991 Act; that is, the offence where a person or an assistance dog is actually killed or injured in a dog attack. Where someone actually sets their dog on to a person, the Offences Against the Person Act 1861 is likely to come into play. As noble Lords will be aware, the Act comes with its own sentencing regime. Were someone to be killed by a dog set upon them, if this is found to be an act of murder or manslaughter, the maximum sentence that would apply is life imprisonment. As now, it will be for the Crown Prosecution Service to decide whether there is both sufficient evidence to charge a person with the Section 3 offence and whether it is in the public interest to mount a prosecution. Once a case comes to court and a person is found guilty, it will be for the judge to take into account any mitigating or aggravating factors when passing sentence. We can, and should, leave it to prosecutors and the courts to make decisions in light of the facts of each individual case.
Of course, increasing the maximum penalty for dog attacks is only one aspect of trying to target irresponsible dog ownership and to encourage more responsible approaches. The Government consulted on a range of measures to encourage responsible dog ownership in 2012, and published a summary of results and the way forward in February this year, including bringing forward the other measures in the Bill relating to dogs and the compulsory microchipping of dogs by 2016. However, I hope noble Lords will agree that increasing the maximum penalty in the way that I have described is an important additional step. I commend the amendment to the Committee.