The penalty in relation to an offence in any Dog Control Order is, on summary conviction, a fine not exceeding level 3 on the standard scale (currently £1,000).
Alternatively, a person may be offered the opportunity to discharge any liability to conviction for any offence under any Dog Control Order by payment of a fixed penalty.
- The 'Fixed Penalty' is £80 and must be paid within 14 days, to avoid prosecution.
- The Fixed Penalty is reduced to £50, if paid within 10 days.
For persons aged under 18, there can be an opportunity to make amends by undertaking work with the Youth Offending Team. This can mean the juvenile will not have to pay the fixed penalty.
Ignorance is no defence in law
Not seeing a sign, or not knowing if you are in an area covered by a Dog Control Order, is not an excuse. Fixed penalty notices will not be withdrawn and you will still be prosecuted.
For a list of sites where the respective orders apply, see: Dog Control Orders in your area.
Signs and maps are provided for larger open spaces and smaller signs will be displayed in other areas.
Defences to Dog Control Orders
There are two defences, which are:
- having a reasonable excuse for failing to comply with an Order; and
- acting with the consent of the owner, occupier, or other person having control of the land.
For dog fouling, being unaware a dog has fouled, or not having the means of removing faeces, are not reasonable excuses.