Dangerous Dogs Act 1991 - Section 1/Banned Dogs - Information Guide

Seizure of Pet Dog:

The Police or an officer appointed by the Local Authority (e.g a dog warden) have the power to seize a dog in a public place which they feel is a prohibited type.

The dog doesn't need to have ‘done anything ’ just look the wrong shape and size.

If the dog is in a public place it can be seized by a police constable or authorised officer of a local authority without a warrant under section 5(1).

Section 5(2) allows for a warrant to be obtained for the seizure of dogs on private premises (eg-your home) if there is evidence of any offence under the legislation (DDA).

A dog can also be seized from private premises when a police constable is lawfully present, if the dog is evidence of an offence under s19 (PACE) 1986.

One a dog is seized – it will not be destroyed as an illegal dog – unless you, the owner, give your consent or a court of law orders it destroyed.

The important thing to remember, for any dog owner who finds themselves in this position, is that you do not have to sign over ownership of your dog – if ownership is relinquished the dog may be destroyed.

You do not have to give permission for your dog to be destroyed – obtain legal advice immediately and contact us for advice.

A seized dog will be detained until it is examined by an expert used by the authorities, the results of that examination will determine whether the dog is returned without charge, whether the case is submitted to the CPS or an application is made under section 4b to the Magistrates Court.

The dog may then be detained in kennels, their location is usually not given to the owner and access is often denied, unless the dog is being seen for the purposes of examination.

The seizure and detainment of a pet dog is very difficult for owners to cope with, you are often given sparse details and owners will often spend days/weeks trying to find out any basic information on their dog's care and well being.

Please keep a note of all correspondence and contact us for advice and support.

Legislation:

Dangerous Dogs Act 1991

Dangerous Dogs (Amendment) Act 1997

See Legal Judgments for further definitions.

For Northern Ireland legislation see the:

The Dangerous Dogs Act (Northern Ireland) order 1991

Dogs (Amendment) Act (Northern Ireland) 2001

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.

Please Visit Our Dog Law Section Here