Sheep worrying seems to be becoming increasingly more widespread and somewhat more controversial given the sensitivity to both farmers and dog owners. Talk to one of our specialist agricultural law solicitors
for legal advice
if you are concerned about sheep worrying.
According to Sheep Watch UK about 15,000 sheep are killed each year by pet dogs, when dogs are off the lead in a field with sheep or other livestock. This does not include the many attacks that go unreported each year. These attacks are devastating for the farmer who lose their livestock, their impending offspring and their future income all of which can affect their working lives. With the cost of livestock worrying to UK agriculture being £1.2million in 2018 according to the NFU Mutual and lambing time now in full swing for this year, it is important that both dog owners and farmers are aware of their rights and responsibilities.
Many dogs are left to 'walk' themselves at night or left at home during the day with unsecure gardens. Around 50% of attacks could be caused by these dogs. Dog owners need to be aware that under the Dog (Protection of Livestock) Act 1953 a person can be found guilty of ‘worrying’ without their dog actually having any physical contact with the sheep. Under the Act, the owner of the dog, or anyone in charge of the dog, that person also, shall be guilty of an offence if a dog is at large (that is to say not on a lead or otherwise under close control) in a field or enclosure in which there are sheep. Under close control is not defined within the Act but is deemed to mean dogs which are at heel and obeying commands.
Livestock 'worrying' includes dogs attacking livestock or chasing livestock in such a way as may reasonably be expected to cause injury or suffering. It is important that any incidents of worrying are reported to the police at the earliest opportunity. All sheep worrying or attacks are a crime and the police should provide you with a crime number. Key evidence should be collated and preserved to identify the dogs involved, including photographs, videos, close-ups and ear tag numbers.
If a dog is caught worrying sheep or you can prove that the dog worried sheep, the maximum penalty for the dog owner is a fine of up to £1000 compensation and costs. The police also have the powers to 'detain' a dog suspected of worrying livestock if there is no owner present, can can also obtain a warrant to enter premises in order to identify a dog. Under proposed new legislation, stiffer penalties could be introduced in cases of livestock worrying including imprisonment of dog owners for up to six months and a ban on owning dogs.
Contrary to popular belief, a farmer does not have a legal right to shoot a dog that is worrying their livestock - what they have is a legal defence. Shooting a dog must be a last resort. Dogs are classed as property so shooting a dog could trigger criminal damage proceedings and the farmer will have to prove he had a ‘lawful excuse’. The farmer will need to show that his sheep were in immediate need of protection, and that his actions were reasonable having regard to all the circumstances. The farmer could also face civil proceeding for damages for the loss of the dog. The farmer will need to prove that the dog was worrying or was about to worry the livestock, and there was no other reasonable means of ending the worrying. What is regarded as ‘reasonable’ will depend on the individual facts of each case. It is imperative that if a dog is shot it is reported to the police within 48 hours of the incident (regardless of whether the dog is killed or merely injured), failure to do so may impact on the above defences.
Under the Animal Welfare Act 2006, it is an offence to cause unnecessary suffering to dogs. Possible proceeding under this act maybe a particular concern if the dog is not killed cleanly with one shot. Breach of this act can have severe punishment with up to six months’ imprisonment and/or fines of up to £20,000. The use of a gun in these circumstances could potentially lead to a review of the farmer’s gun licence. Although, it is not a ground for revocation any review carries with it a risk that it maybe revoked.
The reality of livestock attacks can have devastating effects for both the farmer and dog owner. Dog owners need to be aware and understand that the most loving, obedient family pet can become a menace when in a field filled with a flock of playful looking woolly sheep. In a bid to reduce the number of livestock attacks it is important that both farmers and dog owners work together. When sheep are attacked by a dog, the dog is equally at risk to the sheep. Dog owners should always keep their dogs on a lead when near livestock and farmers should ensure there are clear and visible signs on gates and paths to remind owners to keep their dog on a lead. Farmers should also consider placing livestock feeders away from public paths to reduce the risk of interaction between dogs and livestock.
Remember livestock worrying is a crime and any incident should be reported to the police.
If you require any further advice on this matter and your right and responsibilities, please do not hesitate to contact our Agricultural team on 01653 600070.