Dangerous Dogs Act 1991 (as amended) - Information Guide for dog owners.

Going to Court- Banned Breeds/Types

Once a dog has been identified as a prohibited type e.g.,a  type of dog known as a pit bull terrier, providing that you have not relinquished (given up) ownership, there are two options available to the authorities:

1) Section One of the DDA:

You can be prosecuted under this section of the law and proceedings will commence at the Magistrates Court.

Your dog is likely to remain in police appointed kennels until the case is concluded.

You can apply for legal aid and if you qualify, legal aid (public funding) will pay for your dog to be examined by experts appointed by your solicitor; their reports will then be put before the court.

If you are unable to prove that your dog is not a pit bull terrier type, or plead guilty, you will be convicted of a criminal offence (receive a criminal record) and the court will either order the dog be destroyed or registered onto the Index of Exempted Dogs.

The court can also issue a fine up to £5000, a disqualification order (prevent you from owning a dog for a set period of time) and/or a prison sentence up to six months - very unlikely in 'straightforward' cases.

If the court is satisfied that the dog is not of the 'type' then you will be found not guilty and your dog will be returned.

There is an appeal available to the Crown Court.

2) Section 4b of the DDA – An alternative to Section One (does not apply to N.Ireland)

Civil proceedings (not criminal as in section one) are brought before the Magistrates Court.

This section of the DDA (Amendment) Act 1997 refers to ‘destruction orders otherwise that on conviction’.

An ‘application’ (not a complaint or information) is made, often by the Police, to the Magistrates Court for a destruction order and;
                                       
-where it appears that no person has been, or is to be, prosecuted for an offence, either because the owner cannot be found or for some other reason. The Court may order the destruction of the dog-but nothing shall require the dog to be destroyed if the court is satisfied that the dog would not constitute a danger to public safety.

There is no legal aid available – this causes a problem for most dog owners as they are unlikely to be able to afford to prepare a defence e.g., that their dog is not a type of dog known as a pit bull terrier and have to consent to their dog being registered as they are financially unable to challenge the decision.

It can be argued in court that there is no presumption that the dog is a pit bull type and if you disputed this, the Police may have to prove that your dog is-on the balance of probabilities.

In everyday use - the majority of dog owners attend court, often with no solicitor-due to no legal aid and do not contest the breed identity of their dog.

Once the case is proven under section 4b, the court then needs to be satisfied that the dog would not constitute a danger to public safety if registered and providing that the dog is responsibly owned the court may allow the dog to be registered and entered onto the Index of Exempted Dogs-a set period of time will be granted for registration.

Once registration is completed the dog will be returned to owner-owners will then need to abide by the rules and regulations relating to 'registered dogs' (read below) or risk the death of their dog and further legal proceedings.

You may have to pay costs in relation to the conditions which need to be met for registration e.g., neutering and tattooing.

The Court has no power (in section 4b cases) to impose a fine, prison sentence or disqualification order.

It is important to take appropriate advice before attending court.

Contact us if you are facing court proceedings or have already attended court.

Legislation:

Dangerous Dogs Act 1991

Dangerous Dogs (Amendment) Act 1997

See Legal Judgments for further definitions.

The information contained here does not constitute legal advice in and of itself. You must contact a Solicitor for advice before acting upon anything that you read on this web site.

For help with finding a solicitor who has experience with canine legislation - please contact us.

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