Owning a banned dog in the UK is a criminal offence. Many owners only discover this after the police seize their dog and a criminal case begins. In some situations, the owner may have bought the dog believing it was simply a cross breed, only to later be told that it is considered a prohibited “type” under the Dangerous Dogs Act 1991.
The Dangerous Dogs Act 1991 was introduced following a number of high-profile dog attacks. Section 1 of the Act prohibits ownership of certain types of dog. Importantly, the law does not focus on formal pedigree breeds but on whether a dog fits the physical characteristics of a prohibited “type”.
Which dogs are banned under the Dangerous Dogs Act?
Section 1 of the Dangerous Dogs Act 1991 prohibits ownership of the following types of dog:
- Pit Bull Terrier
- Japanese Tosa
- Dogo Argentino
- Fila Brasileiro
In practice, the most common type encountered in criminal cases is the “type known as a pit bull terrier”. A Pit Bull Terrier is not recognised as a formal breed in the UK. Instead, police experts assess whether a dog has a substantial number of physical characteristics associated with the American Pit Bull Terrier standard.
When owners discover their dog may be a banned type
Many people charged with offences involving prohibited dogs had no idea that their pet might fall within the definition of a banned type. The dog may have been purchased as a cross breed or rehomed through informal channels and may have lived peacefully within the family for years.
However, if a police dog legislation officer or expert concludes that a dog is a pit bull type, the dog will usually be seized and placed in kennels while the case proceeds through the courts. In some cases, dogs remain in kennels for many months before the case is resolved.
What should you do if you are accused of owning a banned dog?
Allegations involving prohibited dogs can be highly technical. The classification of a dog as a pit bull “type” is based on a detailed comparison of physical characteristics against recognised standards. Different experts can sometimes reach different conclusions.
Where a dog has been seized, it is often necessary to obtain independent expert evidence to assess whether the dog has been correctly classified. Early legal advice can therefore be important in determining whether the expert assessment should be challenged.
What happens if the court decides the dog is a banned type?
Possession of a prohibited dog is a criminal offence. The maximum sentence that can be imposed is 26 weeks’ imprisonment.
If a court determines that a dog is a banned type, it will normally order that the dog is destroyed unless the court is satisfied that the dog would not constitute a danger to public safety. In those circumstances the court may instead make a contingent destruction order.
A contingent destruction order allows the dog to remain alive but places strict legal conditions on the owner. These conditions commonly include:
- registration on the Index of Exempted Dogs
- microchipping
- neutering
- third-party insurance
- keeping the dog muzzled and on a lead in public
Owners should also be aware that if a dog is seized during an investigation, they may be responsible for the cost of kennelling while the case progresses through court. Because criminal cases can take many months to conclude, those costs can become significant.
Restrictions on ownership and transfer
The law places strict controls on banned types of dog. It is a criminal offence to sell, exchange, gift, breed from, or advertise a prohibited type.
This means that if an owner becomes unable to care for a dog that is registered on the Index of Exempted Dogs, it is usually not possible to simply transfer ownership to another person. In limited circumstances, the court may allow a person with an existing and genuine connection to the dog to become the keeper, provided they are considered a fit and proper person.
If those conditions cannot be satisfied, the court may ultimately order the destruction of the dog.
If you are facing an investigation or prosecution involving a banned dog, obtaining legal advice at an early stage can be important. For advice and representation in criminal cases involving dangerous dogs legislation, please contact Reeds Solicitors using our enquiry form or call 0333 240 7373.