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Revised livestock worrying law does not extend protection to horses being ridden on public roads and paths
The revision of the Dogs (Protection of Livestock) Act 1953 does not explicitly provide protection for horses being ridden or driven on public roads, bridleways or other public access routes, despite widespread belief within the equestrian community that it would.The Dogs (Protection of Livestock) Act 1953 was revised in March this year and a key area of change stated that the law had been extended to cover livestock worrying and attacks that take place on roads and paths.Many equestrians welcomed the change and common perception was that riders when riding or driving their horses would now fall under this act if they suffered an incident on roads and paths. However, Katie Smart, one of the campaigners behind Leash & Release, whose horse died as a result of injuries sustained during a dog attack in his field, sought clarification on the legislation and was told by a Defra representative that this is not the case.Regarding the recent amendment to the Dogs (Protection of Livestock) Act 1953, the Act now includes roads and paths when livestock are being moved between fields, in addition to agricultural land. The Act also includes horses within the definition of livestock. However, it does not extend to ridden horses on public roads, bridleways, or open-access land, said the representative.As a result, the protections afforded under this Act do not automatically apply to ridden horses in public spaces. In cases involving ridden horses, enforcement typically relies on the Dangerous Dogs Act or other relevant welfare or public order legislation. Prosecution decisions remain at the discretion of the CPS, with final determinations made by the courts.A matter for the courtsDefra told Your Horse that incidents involving ridden horses may still be considered under the Dangerous Dogs Act 1991, depending on the circumstances.A spokesperson for Defra said:We recognise that dog attacks can have horrific consequences, and we take this issue very seriously. The Dogs (Protection of Livestock) Act 1953 protects livestock, and this term includes horses. If a horse is attacked by a dog whilst being ridden on a road or path, there may be sufficient evidence that the dog was dangerously out of control within the meaning of section 3 of the Dangerous Dogs Act 1991.The Crown Prosecution Service would assess whether to proceed with a prosecution under section 3 of the 1991 Act or the 1953 Act (or any other relevant legislation) on a case-by-case basis. It remains a matter for the courts to ultimately decide, whether on the facts of the case, an offence has been committed. We expect the courts to interpret road or path in line with their ordinary meanings, which are broad.Current legislationThe clarification means riders whose horses are attacked by dogs in public places cannot assume incidents will be dealt with under the Dogs (Protection of Livestock) Act 1953. Instead, cases may be considered under the Dangerous Dogs Act 1991 or other relevant legislation, depending on the circumstances of the case.Under Section 3 of the Dangerous Dogs Act 1991, it is an offence for the owner or person in charge of a dog to cause or permit it to be dangerously out of control in any place.Defra told Your Horse that a dog may be considered dangerously out of control if it injures a person or a horse, or causes a person to fear that it may injure them or their horse, and the person responsible for the dog does not have proper control of it.Leash & ReleaseLeash & Release is a campaign that aims to raise awareness of dog attacks on horses and promote responsible dog ownership around equines. It has been campaigning for stronger protections for horses, riders and carriage drivers, and greater clarity around the laws covering dog-related incidents. The campaign also extends to protect other animals, including livestock and dogs.Find out more about the campaign here.Main image Your Horse LibraryRelated contentMPs support campaign for better protection for horses from loose dogsOwner pays tribute to pony who died on the road after being spooked by loose dogPrioritising the freedom of dogs: concern as Defra responds to dangerous dogs petitionOwner of horse killed after dog attack in its field backs dangerous dogs petitionThe post Revised livestock worrying law does not extend protection to horses being ridden on public roads and paths appeared first on Your Horse.
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