What Are Crimes Under the Dangerous Dogs Act?
Prosecutions under the Dangerous Dogs Act 1991 fall into two main categories:
1. Banned Dogs
It is an offence to own, breed, give away, or abandon any of the following specific breeds of dogs:
- Pit Bull Terrier
- Japanese Tosa
- Dogo Argentino
- Fila Brasileiro
- XL Bully Dogs (England & Wales)
This list is accurate as of September 2023. The government can update it, and the latest information is available on the Government website. If your dog matches many characteristics of a banned breed, it may still be classified as banned, even if not officially recognized as such.
If you own a banned dog, it can be seized regardless of its behavior. The police require a warrant to seize the dog from a private place, but no initial complaint is necessary. Once removed, a Police or Council dog expert will determine the breed. If the dog is on the banned list, it will be taken to a kennel, and visitation will be prohibited.
The court may add your dog to the Index of Exempt Dogs if it is deemed not a public danger. In such cases, the dog must be neutered, microchipped, and kept on a lead and muzzled in public.
2. Dangerously Out of Control Dogs
Regardless of breed, any dog can be deemed dangerously out of control if it poses a threat in a public place or private place where it shouldn’t be. If a dog injures someone, this constitutes a more serious, “aggravated” offence. This can result in a presumption for the dog’s destruction unless you prove it isn’t a public risk.
A dog is considered dangerously out of control if there’s a reasonable fear it may injure a person or assistance dog, whether or not it actually does.
Sentencing Guidelines for Dangerous Dogs Offences
Due to high-profile cases, new guidelines for dangerous dog offences were issued on 17 March 2016 and came into force on 1 July 2016. Sentencing is divided into five categories:
- Death: Up to 14 years in prison (private or public place)
- Injury: Up to 5 years in prison (private or public place)
- Injury to an Assistance Dog: Up to 3 years in prison (private or public place)
- No Injury, Dog Out of Control: Up to 6 months in prison (private or public place)
- Possession or Breeding a Banned Dog: Up to 6 months in prison
The length of the sentence depends on several factors:
- Whether the dog was used as a weapon or for intimidation
- Whether the dog is on the banned list
- If the dog was trained to be aggressive
- Prior knowledge of the dog’s past aggressive behavior
- Provocation of the dog
In addition to custodial sentences, courts may impose fines, order the dog’s destruction, or disqualify the owner from owning dogs in the future.
What Should You Do If You’ve Been Charged with Being in Control of a Dangerous Dog?
If you or a family member are accused of being in control of a dangerous dog, seek legal advice immediately. It’s crucial to receive the best possible advice and provide detailed facts about your case to ensure the right result for you. At Fahrenheit Law, our experienced defence solicitors and advocates are committed to offering top-tier legal advice and representation, from the police station to the courtroom.
Additional info from external sources
Government guidelines on controlling your dog
