On summary conviction, the penalty in relation to an offence in any Dog Control Order is:
- A fine up to level 3 on the standard scale, which is £1,000.
A person may be offered the chance to discharge any liability to conviction by payment of a fixed penalty:
- This is £80 and must be paid within 14 days to avoid prosecution.
- It will be reduced to £50 if paid within 10 days.
For under-18s, there can be the chance to make amends by doing 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
These excuses are not accepted:
- I did not see a sign.
- I did not know I was in an area covered by a Dog Control Order.
Note: Fixed penalty notices will not be withdrawn and you will still be prosecuted.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:
- There is a reasonable excuse for failing to comply with an Order.
- The act was with the consent of the owner/occupier or other person that controls the land.
For dog fouling, these are not reasonable excuses:
- I was not aware the dog had fouled.
- I do not have the means to remove the faeces.