2023-06-19
The “Dangerous Dogs Act 1991” is a legislative act that has been adopted by the UK government. It is essentially a law that was approved by both the House of Commons and the House of Lords and then it was made official by the Crown. As the name suggests, the law concerns dog breeds (and sub-types) that are perceived as dangerous in Great Britain.
The Dangerous Dogs Act 1991 (full text here) prohibits people from having, raising, and keeping in custody dogs that are used for fighting or present danger to the public. The law also includes rules for keeping all dogs under control and related purposes. We want to note that people who want to keep and raise dogs who are considered dangerous can still do that if their dogs are added to the Index of Exempted Dogs (IED). This index is operated by the Department for Environment, Food & Rural Affairs (DEFRA). If you want your dog to be exempted from The Dangerous Dogs Act 1991 you will have to apply for a certificate of exemption and go through a review process. You should note that the law makes it a criminal offense to allow any dog to run dangerously out of control in a public place or a place where he/she is not allowed.
A dog can be classified as “being dangerously out of control on any occasion where it causes fear or apprehension to a person that it may injure them”. If that dog injures a person then the offense is aggravated. Legal action may be taken against the owner and/or the person in charge of the dog at the time. That has been made clear in the “Dangerous Dogs Act Guidance for Enforcers” paper which was published in March 2009 by the Department for Environment, Food, and Rural Affairs.
No dog is allowed to go out of control anywhere. That applies to public spaces and private places like your neighbor’s property and your home. Please note that farmers can kill your dog without legal consequences if your dog injures their animals. That includes cases where the farmers are unable to safely stop your dog from injuring their animals. At the time of writing this article, the following dog breeds and their sub-types are banned by the UK government:
• Pit Bull Terrier
• Japanese Tosa
• Dogo Argentino
• Fila Braziliero
The UK banned these breeds because they possess powerful jaws that can do significant injury to a person. However, many dog experts point out that these breeds are not even at the top of the list of dogs with powerful bites. The Anatolian Shepherd Dog (Kangal), the Cane Corso, the English Mastiff, the Dogue De Bordeaux, and the American Bandogge face no restrictions in the UK. The dog breeds mentioned before are more powerful than the breeds banned by the Act.
It is illegal to abandon, sell, give away or breed dogs that are covered by the Dangerous Dogs Act 1991.
You can be fined up to 20,000 GBP and/or sent to prison for up to 6 months if your dog is dangerously out of control.
A court order may be placed upon you that prohibits you to own any dog.
Your dog may be sent to be euthanized if he/she has caused injury or death to another animal or a person.
If your canine injures someone you can be incarcerated for up to 5 years and you can be fined.
If you use your canine to attack and injure another person this will be classified as “malicious wounding” and it will be treated as a major criminal offense.
Should your canine kill a person you can be incarcerated for up to 14 years and receive a fine.
If your dog injures a guide dog (or another type of assistance/service dog), you can be sent to prison for up to 3 years and be fined.
If you want to travel to the UK with a dog that the government considers “dangerous” you might be denied entry into the country. However, if you managed to gain entry you will have to apply for a Certificate of Exemption with the Department for Environment, Food & Rural Affairs. You will have to call or send an email for the application procedure to start. For your dog to be registered, he/she will have to be:
- neutered/spayed;
- microchipped;
- covered by pet insurance.
As the owner, you will have to comply with the following requirements:
- obtain pet insurance against your dog injuring other people;
- be aged over 16;
- show your Certificate of Exemption when asked by a police officer/council dog warden, either at the time or within 5 days;
- show your insurance for the animal when asked by a police officer/council dog warden, either at the time or within 5 days;
- let the Index Of Exempted Dogs officials know if you change your address or your dog dies.
Dogs who are added to the IED have to be on a leash; wear a muzzle and be under the control of a person older than 16 years of age while in public. The dogs under the “dangerous” classification have to be housed at an address that is covered by appropriate pet insurance. While it is illegal to sell dangerous dogs even if they are part of the IED the law does not have a clear procedure for transferring keepership/ownership of the dog from one person to another.
Only The Dangerous Dogs Exemption Schemes Order 2015 in England and Wales (full text here) includes rules for the transfer of ownership of dangerous dogs. The rules state that a dangerous dog can be transferred to another owner only in two cases:
1) the original owner has died;
2) the original owner is severely ill and is unable to care for the dog.
Should you find yourself in a situation where you want to take keepership of a dangerous dog from another person you will have to go to your local police office and submit an application for the transfer of the dog that will have to include:
(a) the name of the applicant;
(b) the address of the applicant;
(c) the date of birth of the applicant;
(d) details of the exempted dog;
(e) details of the person to whom the certificate of exemption was issued in respect of the dog.
The procedure for this in the rest of the UK is unclear and you will have to consult a lawyer (solicitor) in your area about your options.
Anyone can report a banned dog and their owner to their local police department and dog warden service. Should you be reported to own and care for a banned dog (or sub-type) it will be your responsibility to prove the dog is not a banned type. You should note that the local police department and dog warden service will determine if your dog is a banned type based on what it looks like rather than its breed or name.
If your dog matches many of the characteristics of a Pit Bull Terrier, it can be taken away from you and put in a kennel. You will not be allowed to visit the dog and you will have to work with a police officer or a dog expert assigned to your case for your dog to be released. Police officers will need a court order to apprehend your dog if your paw friend is with you in a private place (your home or you are visiting someone’s house). The police will not require a court order if your dog has been reported and he/she is in a public space. Even if your dog is not acting dangerously and even if there was no complaint your dog can still be taken into custody. You should note that the police can still take your dog away if it looks like a banned type.
As mentioned earlier, your dog will be judged by a local dog warden or a police officer whether he/she is of a banned type and if there is a perceived danger to the public. You can give up ownership of the dog, but you can not be forced to do that by any legal means. In the case where you relinquish keepership, the canine will be euthanized and you will not be compensated in any way. Also, you might not be informed about the fate of the dog.
If you have to prove your dog is safe and is not a banned type we recommend seeking help from a local lawyer and a dog expert. We understand the fees for their services might be too high for you but you should still try and fight for your four-legged friend.
We support the position of The Kennel Club UK and we agree that the Dangerous Dogs Act 1991 ignores the primary factors that contribute to biting incidents – primarily anti-social behavior by irresponsible dog owners who train their dogs to be aggressive or do not train their dogs properly.
No breed of dog is inherently dangerous and it is unacceptable to ban an entire breed or type of dog based on the actions of a single animal. The law should seek to sanction irresponsible owners of all types of dogs. Dog behavior experts and science should be utilized to identify the causes of biting incidents. A science-based approach should be used to create preventive measures and policies.
