Possession of a Prohibited Dog
(Section 1 and Section 4B Dangerous Dogs Act 1991)
Under Section 1 Dangerous Dogs Act 1991 it is an offence to be in possession of any of the following types of dog unless they have been registered on the Index of Exempted Dogs and the conditions of exemption are complied with:
- Pit bull terrier
- Dogo Argentino
- Japanese tosa
- Fila Braziliero
If the court decides your dog is a pit bull type then they must either make a destruction order or, if they are satisfied that you are a suitable owner and that your dog doesn’t pose a risk to the public, they can make a contingent destruction order which allows your dog to come home subject to stringent conditions including neutering, micro-chipping, third party insurance for life and registration on the Index of Exempted Dogs. Thereafter he must be kept on a lead and muzzled in public, can only be walked by someone over the age of 16 years and your home and garden must be secure to prevent escape. Failure to comply with these conditions could lead to your dog being seized and you being prosecuted.
If you are no longer able to look after your dog or if the court do not consider you a suitable person to own a dog of that type it may be possible to appoint a person to be the registered keeper for your dog however, the law on keepership has recently changed making it much more difficult to do this.
Not only is it unlawful to own an unregistered prohibited type of dog it is also unlawful to sell one, give one away, abandon it or allow it to stray. It is also unlawful to breed, or breed from, a prohibited dog or to advertise one for sale. All offences under s1 of the Dangerous Dogs Act 1991 can only be dealt with in the magistrates’ court and carry a maximum sentence of 6 months’ imprisonment. The court can also disqualify a person from keeping dogs.
Section 4B of the Dangerous Dogs Act 1991
Section 4B of the Dangerous Dogs Act is the civil equivalent of s1 of the Act and allows the police to apply to the magistrates’ court for a destruction order, or a contingent destruction order, without the owner being prosecuted. The advantage of this section is that the owner avoids a criminal record. In some areas this section is only used when the owner accepts that his dog is a pit bull type and where the police are satisfied that the owner is responsible and the dog friendly but, in other areas, most cases go to court under this section which can be a problem to owners as legal aid is not available and expert evidence can be expensive. We are in regular contact with a number of charitable/not for profit organisations who may be able to assist with funding your case if legal aid is not available.
Importing Prohibited Dogs Into the UK
We have had great success helping those who want to bring their dogs into the UK, but who fear that they may fall foul of the strict rules regarding prohibited dogs. We can advise you on the relevant law, arrange for an assessment of your dog to be carried out (either in person or remotely) and then provide a report of the assessment to the police and liaise with them over the arrival of your dog. We can also advise and assist with any problems which may arise along the way.
If you are under investigation for, or have been charged with a dog law offence, please call us on 01442 242999 for free initial telephone advice or email us at enquiry@wheldonlaw.co.uk.
Case Study - Dax
Dax’s owner had concerns about his tendency to jump up so she sought advice from a professional dog trainer. The trainer used a shock collar on Dax and took him to a crowded park during the summer holidays. As a child approached them, the trainer gave Dax a shock and he bit the child. The trainer then denied any responsibility leaving our client to be prosecuted for being the owner of a dog dangerously out of control causing injury to a person. Our client pleaded not guilty and was subsequently acquitted after trial.
Case Study - Sky
Sky was a legal pit bull type dog that had been through the court exemption process. Her owner placed her in kennels and then went travelling and chose not to return to the UK. A volunteer at the kennels formed a bond with Sky and wanted to become her registered keeper but the court made a destruction order against her. After a successful judicial review of the case, Sky was eventually allowed to live with a new keeper.
Case Study - Shai
Shai nipped someone whilst he was being walked by his owner. We attended the police station with Shai’s owner and when the police heard the full circumstances of the incident, they were easily persuaded to take no further action against the owner.
Case Study - Ripley
Ripley’s owner wanted to move from Florida to England but was worried that the dog might be deemed to be a pit bull type in the UK. We arranged for one of our experts to travel to Florida to assess Ripley and he found him not to be a pit bull type. A copy of our expert report was provided to the police and thereafter we liaised with them over his arrival in the UK to ensure everything went smoothly.
Case Study - Snoop
Snoop has been a customer of ours on two occasions. The first time he was seized because he was a pit bull type dog and the second was after he escaped from his owner’s rear garden and alarmed someone by barking at them. The prosecution sought Snoop’s destruction but we were able to persuade the court to allow him to return home subject to conditions.
Case Study - Angel
Angel was picked up as a stray by a dog warden who then handed her over to a local rescue centre. The rescue centre had concerns that Angel may be a dogo Argentino, one of the four prohibited types of dog. Two experts examined her and agreed that she was a dogo and she was seized. Despite her having a lovely temperament and an employee at the kennels wanting to be her new keeper, the police actively sought a destruction order. Fortunately, we were able to persuade the court otherwise and she now lives happily with her new keeper.
Case Study - Saachi
Saachi was alleged to have run at someone knocking them over and causing an injury to their knee. His owner denied the allegation and was found not guilty after a trial in the magistrates’ court.
Case Study - Arthur
Arthur nipped a tradesman working at his owner’s home causing a very minor injury. Several months later, the police attended the home with a warrant and seized Arthur from his distraught family. His owner called us and we contacted the police. Arthur was returned home later the same evening. The police subsequently agreed to deal with this case by way of a community resolution with some conditions for the dog’s future control, which means his owner was spared the ordeal of having to go to court..
Case Study - Pepita
Pepita was said to have been one of five dogs involved in killing an elderly lady. We adduced evidence from a bite expert that Pepita had not been involved in the attack and it was spared destruction.
Testimonials
"There are no words that can describe the thanks I have for you. Monty means more than the world to me for reasons you know and the past 10 months have been awful, but when I met you and had you on our side I always knew there would be hope that the worst would not happen. Thank you for everything you have done for me."
"I really want to thank you from the bottom of my heart. I really do appreciate all the hard work you put into helping me get Simba back… thank you very, very much."
"A big THANK YOU to you all for your help and advice – it was much appreciated throughout a very difficult and stressful time. And an especially big thank you to Tina Hay for all your legal wisdom – I think you should be known as ‘The Fairy Dogmother’."
"From the initial contact with Gareth which was knowledgeable and sympathetic to Kate at the court, who was excellent – well presented, knowledgeable and very informative – she presented the case superbly. Many thanks to all concerned. A very professional company."
"I cannot thank you enough for all your help. I am so fortunate that you happened to be there."
"Fantastic! All staff were polite, understanding and compassionate. Tina Hay is amazing! Everyone at Wheldon Law is absolutely lovely!"
"I would and will happily recommend your services to any person and/or organisation. Thanks to you guys my dog is safe and back home. Thank you so much."