What does the Dangerous Dogs Act cover?

You might be surprised to learn that parts of the the Dangerous Dogs Act 1991 cover all dogs. So what sections do you need to be aware of? And what does that mean for you and your dog out and about?

Read on to find out everything you need to know about one of the more controversial UK laws.

Is there a dangerous dogs list?

Yes, four “breeds” are banned under Section 1 of the Dangerous Dogs Act 1991.

It’s currently a criminal offence to own an unregistered Pit Bull Terrier, Japanese Tosa, Dogo Argentino or Fila Brasiliero.

But your dog doesn’t actually have to be any of the above breeds to fall foul of this law. They just have to look like one.

The law states that four “types” are banned. So if a dog fits particular measurements (regardless of its DNA or parents), they may be considered one of the four types.

Update: The government has announced that XL Bullies will be added to the banned breeds list by the end of 2023. I am offering free muzzle training to anyone who’s concerned their dog may be viewed as an XL Bully type.

What’s the penalty for owning a banned breed?

If you are found to be in possession of an illegal “type”, you can be given up to six months in prison.

Courts can also order the likes of fines and community service.

What happens to your dog if they’re found to be a banned breed?

If an offence is believed to have been committed, the police can seize your dog. While the investigation is ongoing, your dog may have to remain in kennels away from you. 

Dogs who are found to be an illegal “type” can be put down. But if the dog isn’t thought to be “dangerous” and the owner is seen as a “fit and proper person,” the dog may be registered on the Index of Exempted Dogs.

They will need to be neutered, microchipped and third party insured. They’ll also need to be kept securely so that they can’t escape, muzzled and kept on a lead in public, and will be banned from being sold, gifted, or rehomed. 

As you can see, this section of the Dangerous Dogs Act 1991 is highly controversial. It judges dogs solely on what they look like when we know that behaviour is complex and may result in dogs losing their lives who have never bitten or acted in a “dangerous” manner.

Other parts of the Dangerous Dogs Act apply to all dogs

Under Section 3 of the Dangerous Dogs Act 1991, it’s a criminal offence for any dog to be dangerously out of control. This includes in private property, so in your house and others’ houses, as well as in public.

They don’t actually have to injure a person as making someone reasonably fear they could be injured is enough to fall foul of the law. This can include behaviours like chasing, jumping up and scratching as well as more “aggressive-looking” behaviours such as growling, lunging, barking and, of course, biting.

Injuring an assistance dog is also illegal.

Under Section 3, you as the owner may be prosecuted. But if a different person was in charge of your dog at the time and you can prove that you believed this person to be “fit and proper,” that person may be prosecuted instead. Sometimes, both people may face charges.

These can include up to six months in prison if your dog caused someone to fear injury, up to three years in prison if they injured or killed an assistance dog, up to five years in prison if they injured a person, and up to 14 years if they killed a person.

Courts can also order fines, compensation and community service. Plus, you can be banned from keeping a dog for a certain period of time.

What happens if my dog bites a trespasser?

If your dog was “dangerously out of control” inside, or partially inside, private accommodation when a trespasser was also inside, you do have a defence.

But you can’t use this defence if the trespasser was in your garden or on your drive when your dog bit or injured them.

Can my dog be put down for biting someone?

Yes, they can.

Just like with Section 1, if an offence is believed to have been committed under Section 3, the police can seize your dog and keep them in kennels during the investigation. Your dog is likely to undergo a behavioural assessment but it’s unlikely that you will be able to see them.

If convicted under Section 3, the court must order that your dog is put down unless they wouldn’t be a danger to public safety. You’ll likely need a lawyer to help you prove this.

If the court agrees not to put your dog down, you may have to follow certain rules for the rest of your dog’s life. These can include keeping them on a lead and muzzling them in public as well as bans on taking them to certain places. 

For more dog law information or help, visit solicitor Trevor Cooper’s site.