Date lodged: 21 December 2017
To ask the Scottish Government what its response is to the reported claims by the Communication Workers Union (CWU) that the Dangerous Dogs (Scotland) Act 2010 has (a) not been implemented adequately by it and (b) been interpreted inconsistently and incorrectly by the Crown Office and Procurator Fiscal Service, and whether it plans to meet the CWU to discuss this.
Answered by: Annabelle Ewing 16 January 2018
There is no legislation called the Dangerous Dogs (Scotland) Act 2010.
There is however the Control of Dogs (Scotland) Act 2010 which introduced a civil regime for the issuing of dog control notices for owners of dogs who allow their dogs to be out of control. The Crown Office and Procurator Fiscal Service do not have a direct role in the operation of the Control of Dogs (Scotland) Act 2010 except in considering reports made to them where a dog owner has breached the terms of their dog control notice. The Crown Office and Procurator Fiscal Service operate independently of the Scottish Government.
There is also the Dangerous Dogs Act 1991. This legislation was introduced by the then UK Government and includes a criminal offence relating to dogs being dangerously out of control. The Scottish Government does not offer views on how legislation should be interpreted because the investigation and prosecution of offences are the operational responsibility of Police Scotland and the Crown Office and Procurator Fiscal Service respectively, and interpretation of legislation is ultimately a matter for our independent courts.