Dangerous Dogs Act -

Breed Specific Legislation Information

Prohibited Dogs:

The Dangerous Dogs Act (DDA) 1991 is breed specific legislation (BSL) – Section One of the legislation refers to four types of dog:

• the Pit Bull Terrier
• the Japanese Tosa
• the Dogo Argentino
• the Fila Braziliero

The above listed dogs are illegal to own unless the dog is fully registered with the Index of Exempted Dogs.

The legislation was introduced in August 1991 following a spate of highly publicised dog attacks.

The definition of what constitutes a type of dog known as a pit bull terrier is a complex area-which is confusing and difficult for the majority of pet owners to understand.
DEFRA has produced guidance which lists some of the physical attributes of a ‘pit bull terrier’.

Even though your dog is a pet, a family companion with good temperament, it can still be deemed a ‘pit bull type’ because under the law behaviour is relevant but not conclusive.

Currently is there is no DNA test that can determine a ‘pit bull terrier’. Dogs are deemed ‘pit bull type’ mainly on account of their physical conformation – what they look like, regardless of parentage.

It is up to you the dog’s owner, to prove that the dog is not a pit bull type if court proceedings ensue; the burden of proof has been reversed under Section One of this law. Please visit our web site for a fuller explanation.

The Index of Exempted Dogs closed in 1991 - it is not possible for a dog’s owner to take their own steps to register their dog, in order to bring it within the law.  The only way a dog can go on the Register is by Court order. There is no provision for an owner to make an application to a Court themselves.

Dangerous Dogs Act Amendment 1997:

The law was amended in June 1997.  The main provision of the DDA Amendment was to return discretionary powers to the Courts when sentencing.

Prior to the Amendment, any dog found guilty of being a pit bull type, received the death sentence-there was no other option than for the courts to order destruction.

The Amendment returned discretionary powers to the courts – which means that if a dog is now found guilty of being of the type, the court can order that the dog be registered onto the Index of Exempted Dogs, providing that the court is satisfied the dog does not constitute a danger to public safety.

Amnesties:

In February 2007 the Merseyside Police held a week long ‘Hand-In’ also referred to as an Amnesty. Local dog owners were asked to hand over their dog. if it was thought to be an illegal ‘type’, to the Police without fear of prosecution. Dogs once signed over, if deemed to be of the ‘type’, were destroyed.

This Amnesty was opposed by the leading canine welfare groups, it is possible that in future similar amnesties may be operated. Whether any future amnesty will be operated along the same lines as that seen in Merseyside remains to be seen.

Currently the law hasn’t changed since 1997, so if an amnesty comes to your area – you do not have to take part – you do not have to hand in your dog.  You are advised to take further advice to obtain the full facts on the situation before you Act.

If you refuse to hand over your dog - it is possible that the Police may seize your dog, a warrant is needed to seize your dog from your home.

The important point for pet owners to realise – is that there is help out there, if an amnesty comes to your area, you will not be the only person affected, the definition of the law is so vague and open to interpretation, it can put literally thousands of innocent dogs at risk, so you are not alone; responsible owners will be supported to save their pet dogs.

Seized Dogs:

If your pet dog has been seized, you will need to take professional legal advice immediately. Know your rights before you make a decision of what to do:

• You are under no legal obligation to sign over your dog for destruction.

• Your seized dog will not be destroyed as an illegal dog – unless you the legal owner gives   permission, you sign over ownership or Court orders it to be.

• If you do not sign over your dog, you may be prosecuted; if you are prosecuted the court will determine the fate of your dog.

Our advice is given as a guide only for pet dog owners, should you need legal advice - we may be able to recommend a solicitor -

Need Help with the Dangerous Dogs Act ?

please contact us.