Dog owners face prosecution if pet scares a child collecting a ball from their garden Campaigners urge common sense from police and prosecutors Intruders will not be protected but a child in a garden should not be attacked Dog owners face prosecution if their pet frightens a child retrieving a football from their garden. A crackdown on dangerous dogs aims to protect workers like postmen from being attacked while doing their job. But the threat of court action against someone whose dog "nips, bites or barks" someone means home owners could be charged if a child is started by a pet. Scare: The owners of dogs who frighten children collecting a ball from their garden could face legal action Campaigners warn dogs cannot distinguish between a genuine intruder and a child collecting a ball, and warned innocent owners could be prosecuted as a result. The Department for Environment, Food and Rural Affairs insists police and the Crown Prosecution Service will be free to decide whether prosecution is in the public interest. But the government has confirmed that a legal action could be ordered if a dog scares a child. David Heath, the agriculture minister, said: "We certainly want to deal with the issue of the postman or the political canvasser who gets bitten by a dog out in the yard or garden, where they have perfectly legitimate business. But we also do not want to penalise the householder whose dog is doing its job of protecting property against an intruder. Getting that balance right is critical. When someone is within a house, it can reasonably be assumed that unless they have been invited in, they must give a strong argument for why they have legitimate business in the house. Speaking to the Commons last month Mr Heath added: "It is different for a garden, or sometimes even a shed. A child going to pick up a football that has been kicked into a garden should not be set upon by a dangerous dog. They may be an intruder, but they are nevertheless not a burglar or anyone with malicious intent. A public-interest test must be satisfied before a prosecution can be brought. I hope that the guidance to the prosecuting authority will make that distinction clear,' The Daily Telegraph reported. Warning: Farming minister David Heath said a child going to pick up a football that has been kicked into a garden should not be set upon by a dangerous dog Tougher rules on dogs were ordered earlier this year after 14-year-old Jade Anderson was killed by five dogs in a house in Wigan. Every year the NHS spends £3million treating dog attack injuries while more than 200,000 people a are thought to be bitten every annually. Trevor Cooper, a dog law specialist for Dogs Trust, said: "The difficulty for dog owners is in how they can anticipate a child coming in to their garden. What can a dog owner do to prevent it? Put the dog in a cage in the garden or build large fences? That would be unacceptable for us. The Government is going to have to work out a way of not criminalising dog owners if they have done nothing wrong. It's quite difficult for a dog to distinguish between a lawful and unlawful visitor. I would hope that common sense will prevail. Dogs Trust has long campaigned not only for a complete overhaul of the Dangerous Dogs Act, but a thorough consolidation of dog legislation to provide better protection for dogs, their owners, and the general public. "Greater clarity on the proposed changes is also needed in order to aid dog owners" understanding of the changes in the law."