By Victoria Hinchly
The Animal Welfare (Electric Collars) (Wales) Regulations 2010 came into force on 24th March 2010, banning the use of electric training and control devices for dogs in Wales. The maximum penalty of using such technology is now up to 51 weeks custody with a £5,000 fine and those convicted under the new legislation are also likely to face costs in the region of £1,000. The rules are supported by powers of entry and search.
Rural Affairs Minister, Elin Jones has expressed a desire that owners should be made aware of the restrictions placed on them by the new regulations and take steps to ensure they comply. However, legal practitioners working in this area will also want to encourage individuals to whom the ban applies to give some thought to alternative animal control arrangements, lest they should find themselves facing prosecutions for related offences.
Althoug the use of electric collars is not thought to be as extensive within Wales as in other Jurisdictions, local councils should still be prepared for a modest increase in the numbe of complaints regarding nuisance barking, especially in residential areas which will continue to result in noise abatement orders, fines and anti-social behaviour orders.
In commercial premises, electric collars in combination with perimeter wires had commonly been employed to prevent loose guard dogs from escaping beyond designated boundaries. A similar system had been operational in some areas of Welsh agricultural land to avoid dogs roaming and becoming a nuisance to livestock and ramblers.
In complying with the new rules, owners may find they are at risk of committing offences including those under the Dogs (Protection of Livestock) Act 1953 and the much maligned Dangerous Dogs Act 1991. Those who find themselves in this position should seek legal representation since penalties include possible imprisonment, heavy fines and destruction orders.
The new regulations impose a strict liability with no exemptions for working dogs and accordingly, professional dog handlers such as those within the police and armed forces will also need to develop alternative training methods where they have not done so already.
