Dangerous Dogs Act 1991 - BSL in the UK:
Section One of the Dangerous Dogs Act 1991, as amended in June 1997, relates to specific breeds or 'types' of dog.
Our dog owners guide below introduces you to the legislation (England, Scotland & Wales) and explans its main provisions. We will keep this section updated with any new developments and news.
The Position Statements & opinions reinforce just how badly drafted the law is.
Other areas of the legislation relate to all dogs-those sections are covered in our dog law section.
Dog Owners Guide to the DDA-Section 1
Prohibited Dogs I Identification I Burden of Proof I DDA Amendment I Seizure I Registered Dogs I Adding of types/breeds
Information & Advice I Press Releases & News I Position Statements I Views & Opinions I How owners have been affected I Legal Judgements I Poems I
The legislation was introduced in August 1991 following a spate of highly publicised dog attacks.
The Dangerous Dogs Act (DDA) 1991 is breed specific legislation (BSL) – Section One of the legislation refers to four types of dog:
It is illegal to keep any of the above types of dog, unless the dog is registered on the Index of Exempted Dogs and certain conditions of exemption are strictly adhered to. It is a criminal offence for a dog owner to be in possession or custody of any of the listed dogs, unless a certificate of exemption is in force.
When the law was originally introduced – dog owners had to fulfil certain requirements within a very short space of time in order to bring their dog within the law. There was a deadline given after which time the Index closed and those dogs not fully exempted became illegal.
There were originally 8,200 dogs notified to the Index of Exempted Dogs, by the end of 1992 a total of 4,821 dogs were on the register, this figure had dropped to 2,841 when the Act was amended in 1997.
The Index of Exempted Dogs closed in 1991-it is not possible for a dog’s owner to take their own steps and 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.
Identification: |
With no known cases involving three of the prohibited breeds, the Act is in reality aimed at the ‘type of dog known as a pit bull terrier’.
The Act doesn’t refer to the ‘American Pit Bull Terrier’ and uses the word ‘type’, a breed not recognised by the Government.
What wasn’t initially explained was how the word ‘type’ should be interpreted. No governmental guidelines to ease the confusion led to frequent lengthy legal hearings debating the finer points of what was and what was not a dog of the ‘type’.
In 1993 the Queen’s Bench Divisional Court determined the legal definition of the word ‘type’. In the landmark case of Dunne and Brock Their Lordships, Justice Glidewell and Justice Cresswell stated:
“That a dog of the type known as a Pit Bull Terrier is an animal approximately amounting to, near to, having a substantial number of characteristics of the Pit Bull Terrier”.
The floodgates were open, any dog, regardless of its parentage, could be of the 'type', behaviour was relevant, but not conclusive. Countless pet dogs have suffered and lost their lives due to the draconian nature of the law, a law in the words of one senior Judge "designed to promote death".
The American Dog Breeders Association's (ADBA) breed standard for the American Pit Bull Terrier, was and still is used as the 'yardstick'.
Burden of Proof: |
Under Section One the Act, the ‘burden of proof’ is reversed-this means that it is up to the dog’s owner to prove that their dog is not of the ‘type’ known as a pit bull terrier, rather than the prosecution prove that it is.
Making it even more difficult for pet dog owners in a court of law to prove their innocence when charged with a criminal offence.
DDA Amendment 1997: |
The law was altered in June 1997.
Campaigners and welfare groups had, for over five years, kept up the pressure and highlighted the injustices of the legislation.
The Dangerous Dogs Act Reform Group was set up by the Late Lord Houghton, an ardent opponent of the DDA, it was supported by the main canine welfare groups, EDDR was an active member, attending meetings at the House of Commons, before it disbanded in 2000. The Amendment was crafted by DDA expert Trevor Cooper, a solicitor who has vast experience of DDA cases.
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, any dog found guilty of an aggravated offence under section three also received a mandatory death penalty.
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.
The ‘burden of proof’ still remains reversed; it had been challenged by Henry Bates, owner of Otis, at the High Court and with the European Commission. What this means for the ordinary pet owner, is that an accusation that a dog is a pit bull terrier needs only to be made, it is then up to the dog’s owner to prove otherwise.
The number of prosecutions under this Act had drastically reduced over the years following the Amendment but have increased in some areas, notably Merseyside, following the tragic death of a child in Merseyside, January 2007.
Powers of Seizure: |
The Police have the power to seize a dog 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 without a warrant. A warrant is needed to seize a dog from private premises – your home.
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 either us or the Bull Breed Advisory Service 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, or whether the case is submitted to the CPS.
Dogs will be detained in kennels, their location is usually not given to the owner and access is often denied, unless the dog is being see for the purposes of examination.
Registered Dogs: |
Dogs registered either back in 1991, or since 1997 via court order have to comply with the following requirements in order to obtain a certification of exemption:
Neutering, Micro chipping, tattoo inside leg, & insurance cover.
Registered dogs have to be muzzled and held on a lead by someone over the age of 16yrs at all times when in a public place (which includes inside your vehicle when it is itself in a public place e.g., on the road).
A registered dog’s muzzle cannot be removed at any time when in a public place, if it is - a criminal offence will have been committed.
Owners cannot remove the muzzle to allow their dog to drink or eat if in a public place.
Even if a registered dog is being sick and chocking – there is no defence for removing its muzzle.
For this reason, owners of registered dogs have to take special care to safeguard their dogs welfare; especially where dogs may be ill, have a medical condition e.g., epilepsy, or in the case of older dogs and during hot weather.
The compulsory Insurance is renewable each year and must be kept up to date in order to comply with the law. It currently costs £42 pa and cover is provided by Pet Plan via the Index of Exempted Dogs.
As the law gained full momentum during the 1990’s, registered dogs and their owners had very little sympathy or support, owner’s felt shunned and outcasted.
EDDR set up its telephone help lines and continues to advise and supported pet owners, we have also cared for registered dogs, who could not be re-homed, as did the Dogs Trust at several of their rescue centres, dogs which have nowhere to turn as they have been condemned under draconian legislation and labelled 'dangerous'.
Restriction of further breeds/types of dog |
Can other dogs be added to Section One?
Owners often ask whether another breed is likely to be added to Section One of the DDA.
Originally when the Act was first passed, two types of dog were named;
Section 1(1) (c) gives the Secretary of State the power to add additional types of dog to the full provisions of Section 1 (which include an outright ban) if the Secretary of State believes that such dogs have been “bred for fighting” or “have the characteristics of a type bred for that purpose”.
Powers under this section were exercised in August 1991 when two types of dog were added to Section 1;
This was the first order of its kind, known as the Dangerous Dogs (Designated Types) Order 1991 and no further orders have been issued to date.
Section 2(1) gives powers to the Secretary of State to make an order requiring that any type of dog, believed to present a “serious danger to the public” shall be;
Before making an order under this section, the Secretary of State shall consult with “such persons or bodies as appear to him to have knowledge or experience, including a body concerned with animal welfare, a body concerned with veterinary science and practice and a body concerned with breeds of dogs".
Dog cull in Merseyside - useful information for worried dog owners in the area, please read and cross post to help save innocent family pets. 2007
Proposed Dog Amnesties - what is proposed, why it's not supported, what will it achieve, what you can do. 2007
Merseyside Dog Attack Tragedy - Information issued 4th January 2007
More pet dogs spared by Judge - nine family pets have been spared the death sentence and ordered by Liverpool Magistrates Court to be returned to their worried owners. EDDR News Update May 2007
Lucky thirteen to return to overjoyed families - Magistrate’s Court rules that thirteen dogs held are to be returned to their owners. Press Release from DNB. 21 Apil 2007
Special Appeal - Help Bring Them Home The Merseyside Police have confirmed that approx. 100 dogs are held under the DDA. Many dogs need help with legal representation to try and get them registered, if certain criteria can be met, as opposed to destroyed, with Court hearings looming-your help is needed. April 2007
Four dogs die in police custody leaving owners distraught Four dogs held by the Merseyside Police have contracted the deadly and highly infectious disease parvovirus and died. DeedNotBreed Press Release 19/3/07
Tears all round as Court Judge lets sixteen death row dogs live a two day hearing before Liverpool Magistrates court has ended in joy and relief for the families of sixteen pet dogs condemned under the draconian Dangerous Dogs Act (DDA) legislation. February 2007
Kennel Club responds To Disgraceful Merseyside 'Dangerous Dog Amnesty' The Kennel Club has learnt of Merseyside Constabulary’s intention to invoke its threatened seven-day dangerous dogs ‘amnesty’ – or in reality a seven-day dog cull. 6th February 2007
Deed Not Breed - Press Release 6th February. “KNEE JERK” DOG AMNESTY IS UNLIKELY TO PROTECT THE PUBLIC"
The Kennel Club Calls For An Alternative To Easington Council’s Dog Amnesty 11-Jan-07
Merseyside Dog Attack Tragedy - Information issued 4th January.
Northern Ireland - first 'pit bull' amnesty scheduled for January 2007.
Press Release - 29/09/06 'Dogs Needn't Be Dangerous' - News from the Association Of Pet Behaviour Counsellors.
See also our News Archives & Newsletters
British Veterinary Association - we wrote to ask them for their views, here is the Policy Statement on the Dangerous Dogs Act, received from the BVA Policy & Comittee Manager, posted with kind permission from the BVA. July 2007
APDT Speak out - the Association of Pet Dog Trainers has issued us with a statement concerning breed specific legislation and dog 'amnesties'. 2007
Blue Cross Statement Jan.2007 - The Blue Cross voices concerns over ‘dog amnesties’
British Veterinary Association - the BVA issue a short holding statement, January 2007.
Kennel Club Statement Jan. 2007 - The Kennel Club does not welcome any pit bull amnesty, or any other breed specific knee-jerk response reminiscent of the rushed and ineffective Dangerous Dogs Act 1991.
Dogs Trust position - a statement issued by the Dogs Trust on 8th January 2007
Dangerous Dogs Act Statement EDDR 2006 - we should move on to make a difference.
Pet Advisory Committee - Statement concerning the issue of dangerous dogs and DDA legislation.
Liberal Democrats Statement - letter received by EDDR regarding breed bans.
Lifting The Curtain - takes a look at UK breed specific legislation, EDDR go behind the scenes to see how it is working out for ordinary pet owners. March 2007
Valentines Day - A Day To Remember as Merseyside's 'amnesty' period closes, leaving many families without their trusted friends. February 2007
Strengthen the DDA? - this informative article takes a look at the Dangerous Dogs Act situation, written by Nick Mays.
APDT Comment - Association of Pet Dog Trainers comment on the 'Dangerous Dogs Act-we should move on to make a difference' statement issued October 2006.
The Times Newspaper - ”Innocent old pit bull must be put down, Court orders:” Article by Roy Hattersley.
The Lords give their opinions on the DDA - what did they have to say when debated in the House of Lords?
Amendment
to adjust the DDA - Thoughts from 1997 (written following the introduction
of the DDA Amendment 1997) ten years ago but now very relevant today in 2007!
Star
Letter - A view shared by many from EDDR member Bob Watts.
The
Inside Story From A Kennel Maid - The following account is from a kennel
maid who eventually left her job when she could not bear the experience any
longer.
How the DDA has affected responsible dog owners:
In Cassie's Name - Family pet dog Cassie lost her life on 9th of February 2007 due to the Merseyside 'amnesty'. She had committed no crime and was much loved by her family, yet she was condemned due to her 'looks' alone. Here is her tragic story told by her owners
'Cracker' - Check out the scary Pit Bull - Registered and Exempted under the UK DDA, under the care of EDDR - photos not for the faint hearted !!
Sophie's Story - A moving account of how breed bans target responsible dog owners
'Spikey' - Rest In Peace - Memories of the Dangerous Dogs Act
Too young to die - In loving memory
of ‘Stella’ a
healthy young dog who sadly lost her life recently. December 2006
In Loving Memory - Memories of 'Tara' a dog registered under the DDA.
When dog hysteria is in full swing - The story of a little dog who no one would help following all the bad press circulated, even though she had committed no crime, there was to be no sympathy for her on account of her breed.
Tyler's Story - A case example of how breed specific legislation has targetted innocent pet dogs, following the introduction of the DDA. Will we ever learn from the mistakes made?
DDA Case Histories and legal Judgments:
Pet dog Otis was seized under DDA - read the full
story
Otis - European Judgment - the case
outcome
'Banned' - A moving poem by Sue Goff.
Salty Tears - In memory of Otis a special
poem by Peter Walker.
What's
In A Name - Poem about the 'Pit Bull' by EDDR.
Webmistress I Terms and Conditions I Contact Copyright © 2006-2007 Endangered Dogs Defence and Rescue Ltd |