Protecting farm animals from dog attacks: landmark legislative changes set to take affect

The Dogs (Protection of Livestock) Act was originally passed in1953. It is hardly surprising that legislation more than 70 years old has not kept pace with developments in agriculture or with new evidence gathering techniques available to 21st century police officers.

In 2024 the estimated cost of livestock worrying was almost £1.8m. This represented a drop on the 2023 figures. According to an NFU Mutual survey of 1,136 dog owners, 57% of owners let their dogs off the lead in rural areas, but only 40% said that their dog always came back when called.

This month, a private member’s bill presented by Conservative MP Aphra Brandreth, has passed the final stages in the House of Lords. The Dogs (Protection of Livestock) (Amendment) Bill is now awaiting Royal Assent before a commencement date will be set. This marks a watershed moment in improving the protection of farmed animals in England and Wales from attacks by dogs.

The bill will amend the 1953 act by introducing new powers in relation to livestock worrying. These amendments fall into four sections:

1. Firstly, it will widen the scope of the existing laws bringing incidents that happen on roads and paths into the legislation. It will also widen the definition of livestock to include camelids, such as llamas and alpacas, increase the penalty upon conviction and allow the court to order the offender to pay expenses associated with seizing and detaining a dog suspected of an offence. The terminology will also be updated so that attacking livestock is dealt with separately from worrying livestock.
2. The bill will also allow for the seizure and detention of dogs suspected of attacking or worrying livestock. Part two of the legislation allows a constable to seize a dog where they have reasonable grounds to believe that a dog has attacked or worried livestock on agricultural land or on a road or path and nobody present where the dog is found admits to owning or being in charge of the dog. And, where there are reasonable grounds to believe that the dog has attacked or worried livestock and unless detained there is a risk it could do so again, or detain a dog until an investigation into the offence or proceedings in respect of such an offence are determined or withdrawn.
3. In recognition of new investigative techniques that have developed since 1973, the bill also makes allowance for the taking of samples and impressions from dogs and their detention so that samples and impressions may be taken where a dog is reasonably suspected of being involved in a livestock worrying incident or attack. These samples could include a cheek swab for DNA, hair samples or collection of any other evidence found on the dog such as blood on its coat or wool snagged in teeth.
4. Finally the bill gives powers for a constable to apply to a Justice of the Peace (JP) for a warrant to enter a premises for a search where the JP believes there are reasonable grounds to suggest that a livestock worrying incident or livestock attack has been committed – and that the dog in respect of which the offence has been committed is on the premises specified in the application. The warrant will allow the constable to enter the property to identify the dog, seize and detain it or take a sample or impression from the dog. A warrant may also be issued by a JP to allow a constable to enter and search the premises to seize any evidence of a livestock worrying or livestock attack offence.

These amendments mark the conclusion of much lobbying work by farming and countryside organisations, including the CLA. The legislation will make it much easier for police officers to investigate incidents of livestock worrying and attacks as well as beefing up their powers to seize dogs suspected of involvement in incidents. We can only hope it makes a meaningful difference to livestock keepers.

Where a dog is in the act of worrying livestock and there is or likely to be serious damage to those animals, then you should dial 999 as it would be considered an emergency. Alternatively, you can dial 101 to report an incident where the dogs are no longer present after an attack or to report problem dog behaviour.

For more information on these amendments or the law relating to livestock worrying then please contact the CLA’s legal team. A CLA guidance note on livestock worrying will shortly be updated to reflect the legislative changes.