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(a)the owner; and
(b)if different, the person for the time being in charge of the dog,
is guilty of an offence, or, if the dog while so out of control injures any person[F3 or assistance dog ], an aggravated offence, under this subsection.
[F4(1A)A person (“D”) is not guilty of an offence under subsection (1) in a case which is a householder case.]
[F4(1B)For the purposes of subsection (1A) “a householder case” is a case where—
(a)the dog is dangerously out of control while in or partly in a building, or part of a building, that is a dwelling or is forces accommodation (or is both), and
(b)at that time—
(i)the person in relation to whom the dog is dangerously out of control (“V”) is in, or is entering, the building or part as a trespasser, or
(ii)D (if present at that time) believed V to be in, or entering, the building or part as a trespasser.
Section 76(8B) to (8F) of the Criminal Justice and Immigration Act 2008 (use of force at place of residence) apply for the purposes of this subsection as they apply for the purposes of subsection (8A) of that section (and for those purposes the reference in section 76(8D) to subsection (8A)(d) is to be read as if it were a reference to paragraph (b)(ii) of this subsection).]
(2)In proceedings for an offence under subsection (1) above 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 accused to prove that the dog was at the material time in the charge of a person whom he reasonably believed to be a fit and proper person to be in charge of it.
F5(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)A person guilty of an offence under subsection (1)F6... above other than an aggravated offence is liable on summary conviction to imprisonment for a term not exceeding six months or a fine not exceeding level 5 on the standard scale or both; and a person guilty of an aggravated offence under [F7 that subsection ] is liable—
(a)on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or both;
[F9(4A)For the purposes of subsection (4)(b), the relevant maximum is—
(a)14 years if a person dies as a result of being injured;
(b)5 years in any other case where a person is injured;
(c)3 years in any case where an assistance dog is injured (whether or not it dies).]
(a)may be made whether or not the dog is shown to have injured any person; and
(b)may specify the measures to be taken for keeping the dog under proper control, whether by muzzling, keeping on a lead, excluding it from specified places or otherwise.]
(6)[F10If it appears to a court on a complaint under section 2 of the said Act of 1871 that the dog to which the complaint relates is a male and would be less dangerous if neutered the court may under that section make an order requiring it to be neutered.]
(7)[F10 The reference in section 1(3) of the M2 Dangerous Dogs Act 1989 (penalties) to failing to comply with an order under section 2 of the said Act of 1871 to keep a dog under proper control shall include a reference to failing to comply with any other order made under that section; but no order shall be made under that section by virtue of subsection (6) above where the matters complained of arose before the coming into force of that subsection. ]
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