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Dangerous dogs and the law
If your dog is accused of being dangerously out of control, our expert solicitors can provide immediate support and guidance.
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Expert legal advice if your dog’s behaviour leads to legal action
Understanding the law around dangerous dogs
The law regulating dogs has been strengthened and owners can now find themselves facing serious legal consequences if their dog behaves dangerously. Under Section 3 of the Dangerous Dogs Act 1991, it is a criminal offence to let a dog be dangerously out of control anywhere, whether in public, on private property, or even in your own home.
Prohibited dogs and penalties
Under section 1 of the DDA 1991, it is against the law to own the following types of dog:
- Pit Bull Terrier.
- Japanese Tosa.
- Dogo Argentino.
- Fila Brasileiro.
- The XL Bully
Penalties available for out of control dogs (the relevant maximum) is:
- 14 years imprisonment if a person dies as a result of being injured.
- Five years imprisonment in any other case where a person is injured.
- Three years imprisonment in any case where an assistance (guide) dog is injured (whether or not it dies).
There is a presumption that the dog will be put down if it has behaved dangerously.
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What it means for dog owners
A dog is considered dangerously out of control if it injures someone or makes them fear it might. Courts may also act if a dog attacks someone else’s dog, or other pet, or if someone thinks they could have been injured whilst stopping an attack. These offences can be prosecuted by both local authorities and the Crown Prosecution Service (CPS), depending on the severity of the incident.
Offences involving banned dogs
It is against the law to:
- Breed, or breed from, a banned dog.
- Sell or exchange a banned dog or to offer, or advertise a dog for sale or exchange.
- Make or offer to make a gift of a banned dog.
- Allow a banned dog to be in a public place without being muzzled and kept on a lead.
- Abandon a banned dog.
Whether a dog is a banned type depends on what it looks like, rather than its breed or name.
A person who contravenes section 1 of the DDA 1991 is guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding 6 months or an unlimited fine or both. In addition, cases involving prohibited breeds of dog usually result in the dog being put down.
Legal and financial advice under one roof
Tees is a top-tier Legal 500 firm offering joined-up legal and financial services. We have our own independent financial advisers (IFAs), who work closely with our lawyers.
Our advisers provide holistic financial planning, and as we are not connected to any one provider, we can offer a whole-of-market approach for the range of products we can advise on. We can also give independent advice for a whole range of insurance products to protect you and your family. Our IFAs are regulated and authorised by the Financial Conduct Authority, which means we’re accountable for the advice we give.
Get in touch today, we’re here to help
We understand how serious it can be if your dog’s behaviour leads to legal action. Our specialist lawyers combine legal expertise with practical experience to protect your rights and guide you through every stage of the process.
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Frequently asked questions
What should I do if my dog is classed as a banned breed?
You can make an application to the court for a certificate of exemption. This can be granted if the court is satisfied that the dog is not dangerous. You can also seek an interim certificate of exemption pending assessment, which allows the dog to be returned to the owner.
I want to sell my dog. Can I transfer my dog’s certificate of exemption to a new owner?
No. The certificate of exemption can only be transferred in the event of ill health or death.
I agreed to look after my friend’s dog whilst he was on holiday and it bit someone. I had no idea that the dog was dangerous. Can I be prosecuted?
Yes you can be prosecuted as the person in control of the dog at the time.
I went on holiday and left my dog with a friend. The dog bit someone and now I’m being prosecuted even though I wasn’t there at the time. Do I have a defence?
Yes you have a potential defence if you show that you left the dog in the control of someone who you considered to be a fit and proper person to look after the dog.
A stranger trespassed in my garden at night and was bitten by my dog. Can I be prosecuted?
There is a defence if your dog bites someone trespassing within your home, but this defence does not extend to someone trespassing in your garden, driveway or outbuildings.
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