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Caerphilly MP wants changes to Dangerous Dog Act after death of Jack Lis, 10

News | Richard Gurner | Published: 16:22, Wednesday July 6th, 2022.
Last updated: 10:50, Wednesday July 13th, 2022

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Report courtesy of BBC Local News Partnership

Ten-year-old Jack Lis was killed on November 8 following a dog attack at a friend’s house on Pentwyn, Penyrheol.

The Cwm Ifor Primary School pupil had gone to a friend’s house after school and was killed by an XL American Bully called Beast, which was shot dead by firearms officers after the attack.

However, the breed of dog is not banned by the Dangerous Dog Act, meaning it is legal to own in the UK.

Amy Salter, 29, of Llanfabon Drive, Trethomas, and Brandon Hayden, 19, of Pen y Bryn in Penyrheol, were sentenced at Cardiff Crown Court on Friday, June 10.

Hayden was sentenced to four and a half years at a young offender’s institution. He pleaded guilty to owning a dog dangerously out of control causing injury resulting in death.

Meanwhile, Salter was handed a three-year jail term. She pleaded guilty to being in control of a dog dangerously out of control causing injury resulting in death.

The court was told how the dog had behavioural issues. The court was also shown CCTV footage of the dog’s behaviour outside the top shop in Penyrheol, where it lunged at people, including children.

Jack’s mother, Emma Whitfield, has said the sentences were “not even close to justice” and has started an online petition to get them reviewed. However, the Attorney General’s Office has said the offences cannot be appealed for being too lenient, because they do not fall under the relevant law.

Amy Salter and Brandon Hayden were jailed after a dog they were in charge of killed Jack Lis

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Change in the law needed

What is the Dangerous Dog Act?

The 1991 Dangerous Dog Act is a set of laws that limits the public to what breed of dog they can and can’t own, as well as outlining their responsibilities as owners, in keeping control of potentially dangerous dogs.

The list of prohibited dogs are:

  • Pit Bull Terrier
  • Japanese Tosa
  • Dogo Argentino
  • Fila Brasileiro

In 2014, an amendment was made to the act which extended it to cover private property. Prior to this, the Act was only applicable to public spaces.

The punishment for owning any of the previously mentioned breeds varies from a £1,000 fine to six months’ imprisonment.

If any dog was to be the direct cause of loss of life and showed signs of being a ‘dangerous dog’ before the attack, the owner of such a dog could face up to 14 years’ imprisonment.

On deciding whether a dog was potentially dangerous or not prior to an attack, the court is asked to assess the temperament of the dog and also the owner’s ability to control such a dog.

Wayne David MP during a House of Commons debate on the Afghanistan crisis
Wayne David MP during a House of Commons debate

Caerphilly MP Wayne David has been granted a debate in the House of Commons on Thursday, July 7, to explore why changes are needed to the Dangerous Dog Act.

Mr David said: “The mother of Jack is, understandably, of the view that the sentences received by the two individuals were far too lenient.

I intend to voice her concerns and reinforce them, and I will be demanding that the UK Government brings forward legislation to change and strengthen the law in this area. I am of the view that a fundamental rethink of legislation regarding dangerous dogs is needed so that there are no further tragedies.”

Mr David wants the law to move away from specific dog breeds as cross-breeding makes it difficult to add dogs to the banned list. Emphasis on owner and dog assessment should be a clear priority and the reintroduction of licensing should also be looked at.

What about dog licences?

The need for owners to have a dog licence was abolished in England and Wales in the Local Government Act of 1988. Rather than a means of ensuring dogs were correctly cared for, or that they had responsible owners, it was simply a tax – the only requirement being to own a dog you had to pay.

The final cost when it was withdrawn was just 37p – the equivalent of about £1 in today’s prices.

In 2016 it became mandatory that all dogs in England and Wales had to be microchipped to identify them – but should dog licences come back in a different format?

RSPCA Cymru thinks so and wants them to include an aspect of animal welfare – something the Welsh Government has powers over.

RSPCA dog welfare expert Dr Samantha Gaines said: “The RSPCA has long held the view that the reintroduction of a dog licensing scheme would be beneficial to managing the social and animal problems associated with dog ownership.

“A licensing scheme has the potential to generate money that could be used to help improve dog welfare and tackle the issues around dog ownership including dog health and welfare, antisocial behaviour involving dogs, dog bite incidents, stray dogs, population issues and risks to human health.

“We have long called for a joined-up strategy to manage problems associated with dog ownership, underpinned and funded by a new dog licence scheme. This would mean that dog owners would contribute to costs derived from dogs, funds which are currently lacking from central and local government. 

“Such schemes already exist, like the Responsible Pet Ownership Bylaw in Calgary, Canada, which requires all cats and dogs to be licenced with the revenue generated being used to deliver programmes and services including dog safety, public awareness and education.”

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