Prohibited Dogs

Prohibited Dogs

Whether a dog is a prohibited type of dog is a question of type rather than breed and a dog will be deemed to be a prohibited type of dog if it measures up to the relevant breed standard, regardless of the parentage of the dog. Whether or not a dog is a prohibited type is a matter for expert opinion and we work with the best experts in the country.

Possession of a Prohibited Type of Dog 

Section 1 of the Dangerous Dogs Act 1991

Section 1 Dangerous Dogs Act 1991 makes it unlawful to be in possession of any of the following types of dogs unless the dog has been granted a certificate of exemption and the conditions of exemption are complied with:

• Pit Bull Terrier
• Dogo Argentino
• Japanese Tosa
• Fila Braziliero
• XL Bully

If the court decides your dog is one of the five prohibited types, then it can make either a destruction order for your dog to be destroyed or a contingent destruction order which allows your dog to return home subject to conditions.  The court will only make a contingent destruction order if it is satisfied that you are a fit and proper person to have a dog of that type and that your dog does not pose a danger to the public.  A contingent destruction order allows you to apply to the Index of Exempted Dogs at DEFRA for your dog to be exempted from the prohibition.  Your dog will have to be neutered, microchipped and have a policy of third-party insurance (available by taking out a membership with Dogs Trust) before you can apply for exemption.  There is also an application fee which is currently £92.40.  Once your dog has been exempted, it will be subject to stringent conditions for the rest of its life, including:

• Lead and muzzle in a public place
• Kept in secure conditions to prevent escape
• Notify DEFRA if you move home
• Notify DEFRA if the dog is exported or dies
• Live with the registered keeper at the registered address save for up to 30 days in any 12-month period

Failure to comply with these conditions could lead to your dog being seized and you being prosecuted.

Section 4B of the Dangerous Dogs Act 1991

Section 4B of the Dangerous Dogs Act 1991 is the civil equivalent of section 1. This section allows the police to apply to the magistrates’ court for a destruction order, or a contingent destruction order, without the owner being prosecuted. By bringing proceedings under section 4B, an owner avoids getting a criminal record and the case is dealt with much more quickly than if a prosecution is brought under section 1 however, as these are civil proceedings, no legal aid is available and the cost of obtaining expert evidence and legal representation can be expensive.

At Wheldon Law, we have access to the very best breed identification experts and canine behaviourists. We will do everything in our power to get your dog back home to you as soon as possible.  We also work closely with a number of charitable and not-for-profit organisations who may be willing to assist with funding cases.

Importing Prohibited Dogs into the UK

It is not illegal to import a prohibited type of dog into the UK, but it is an offence to be in possession of one.  At Wheldon Law, we have had great success in advising and assisting numerous owners who wanted to bring their dogs into the UK but feared they may fall foul of the strict rules regarding prohibited dogs.  All of these dogs arrived safely in the UK without any problems. Please call us on 01442 242999 or email us at hello@wheldonlaw.co.uk  for further information as to how we can assist you in this regard.

Appointing a New Keeper for a Prohibited Dog

If you are the owner of a Pit Bull Terrier, a Japanese Tosa, a Dogo Argentino or a Fila Brasileiro that has not been through the exemption process or if your dog is exempted but the conditions of exemption have been breached, then there are very limited circumstances in which a person other than its owner can be appointed as the registered keeper. If the dog is coming before the court for the first time, then the only person that can apply to the court to be the registered keeper is either the owner or the person in charge at the relevant time. The person in charge at the relevant time can be the person from whom the dog was seized or it could be a person who has had significant responsibility for the dog in the past (e.g. a family member, a previous owner or someone who has looked after the dog in kennels).

If a dog is already registered on the Index of Exempted Dogs and the registered keeper dies or becomes seriously ill and unable to look after it, it is possible to apply to the court for a new keeper to be appointed. In this situation, a stranger can be appointed to become the keeper of the dog, provided the court is satisfied that the dog does not pose a danger to the public and the new keeper is a fit and proper person.

We have successfully dealt with numerous applications to the court for a change of keepership.  As a result, we have a wealth of experience of guiding people through the process, making the application and providing representation in court.  We also have many years of experience dealing with cases involving prohibited types of dogs and we have been involved in many of the leading cases that have shaped and changed this area of law. In 2012 and 2017 we were involved in landmark cases that changed the law allowing for a relaxation in the rules regarding changes of keepership which has saved the lives of many dogs.

If you find yourself unable to become, or continue to be, the keeper of one of these types of dogs, it is vital that you seek advice from an experienced dog law solicitor at any early stage.  Please call us on 01442 242999 or email us at hello@wheldonlaw.co.uk for further advice.