Dangerous or banned dogs

Section 1 of the Dangerous Dogs Act 1991 makes it an offence to have in your possession or custody, a dog listed in this section:   Any dog of the type known as the Pit Bull Terrier, the XL Bulldog,  the Japanese Tosa, Dogo Argentino, Fila Brasileiro and any dog of any type appearing  to be bred for fighting, or to have these characteristics.

Any person who is guilty of this offence can be imprisoned for up to six months or given a fine of up to level 5 (£5000).

Police generally need a warrant to enter private property to seize a dog. However, they can do so if they have a warrant for another reason, e.g. a drug search. They can also seize a dog from a private place if it is considered to be dangerously out of control and poses an immediate threat to public safety.  You are not under any obligation to voluntarily give up the dog or allow the Police to take it.

The Police will then investigate whether the dog is a banned breed or if it has been dangerously out of control, e.g. if it injures someone or makes someone fear injury. The Police have the power to keep the dog until the conclusion of any investigation or Court proceedings. You are not allowed to visit the dog.

The Court has the power to order the destruction of a prohibited dog, unless it has been placed on the exemption register, even where no crime has been committed.  However, the Court can decide not to make a destruction order if it is satisfied that the dog would not constitute a danger to public safety, having considered the temperament of the dog, its past behaviour and whether you are a “fit and proper person” to be in charge of it.

A certificate of exemption lets you keep a banned dog, as long as it does not behave dangerously and you follow certain rules. The dog must be neutered, microchipped, kept on a lead and always muzzled when in public.  It must also be kept in a secure place so that it cannot escape. As the owner, you must take out insurance against your dog injuring other people (the Dogs Trust can provide this insurance), be aged over 16, show the certificate of exemption when asked by a Police officer or council dog warden (at the time or within five days) and let the index of exempted dogs know if you change address or the dog dies.  An exempted dog can be destroyed if these conditions are not met.

If the Court orders that the dog be placed on the exemption list, you have two months to do this or the dog may be destroyed.  If there is a problem, then it is vital that you contact the Court before the order expires.

For free initial legal advice about any criminal matter contact our team on: 01606592159.