Cameron Miranda
The Dangerous Dogs Act 1991 is a UK law prohibiting or restricting certain types of dogs and codifying the criminal offence of allowing a dog of any breed to be dangerously out of control. The act was introduced following a series of dog attacks in 1991 and has been amended since. It has been criticised for focusing on a dog's breed or looks rather than its behaviour, and for failing to prevent dog attacks. Under the act, dogs that resemble illegal types can be seized and killed based on their appearance alone. Owners of banned dogs can face fines, prison sentences, and destruction of their dogs. The legislation has been the subject of ongoing debate and efforts have been made to change it.
| Characteristics | Values |
|---|---|
| Date of enactment | 1991 |
| Applicability | England, Wales, and Scotland |
| Purpose | To prohibit or restrict certain types of dogs and codify the criminal offence of allowing a dog of any breed to be dangerously out of control |
| Section 1 | Outlaws five types of dogs: Pitbull Terrier, XL Bully, American Bully, and two others |
| Section 1 applicability | Applies to dogs with a substantial number of physical characteristics of prohibited breeds |
| Section 2 | Allows for the designation of additional dog types that present a serious danger to the public |
| Section 3 | Makes it a criminal offence to allow any dog to be dangerously out of control |
| Section 4 | Covers orders for the destruction of dogs and disqualification orders for owners |
| Exemptions | Dogs can be exempted if they pass a court behavioural assessment and are not deemed a danger to the public |
| Penalties | Unlimited fine, imprisonment for up to 6 months, or both; penalties increase if the dog injures or kills a person |
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What You'll Learn
Dogs bred for fighting
The Dangerous Dogs Act 1991 prohibits or restricts certain types of dogs and codifies the criminal offence of allowing a dog of any breed to be dangerously out of control. The Act applies in England, Wales, and Scotland, with similar legislation in place for Northern Ireland. The Act was introduced following a series of dog attacks in 1991 and was intended to protect the public.
Section 1 of the Act, 'Dogs bred for fighting', prohibits the ownership of certain types of dogs, unless exempted on the Index of Exempt Dogs. The law makes it illegal to own, sell, breed, give away, or abandon one of these types of dogs. This is often referred to as 'breed-specific legislation' or 'BSL', but the UK legislation bases the decision on a dog's looks alone rather than its breed, family tree, pedigree, DNA, or behaviour.
The Royal Society for the Prevention of Cruelty to Animals and the British Veterinary Association are both against the breed-specific legislation provisions of the Act, claiming that there is no scientific evidence that all individuals of a breed are dangerous. Critics also argue that the legislation should focus on dealing with irresponsible owners of any breed of dog rather than targeting specific breeds based on their appearance.
While the specific breeds listed as 'dogs bred for fighting' under Section 1 of the Act are not explicitly stated, some breeds commonly associated with dog fighting include:
- Akita Inu: a Spitz breed originating from Japan known for their sturdy stature and protective nature towards their family and territory.
- American Pitbull Terrier: often misunderstood as ferocious, they can be affectionate and loving towards children and families with proper socialization.
- Bully Kutta: also known as the Indian or Pakistani Mastiff, they were working dogs rather than fighting dogs, protecting and working alongside their families.
- American Staffordshire Terrier: similar to pit bull terriers but shorter in size, they may display aggression towards other male dogs, but proper socialization can prevent this tendency.
- Bull Mastiff or English Mastiff: bred in England to aid gamekeepers in catching poachers, they are protective, territorial, and good with children despite their large and intimidating appearance.
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Attacks on humans
The Dangerous Dogs Act 1991 prohibits or restricts certain types of dogs and codifies the criminal offence of allowing a dog of any breed to be dangerously out of control. The Act applies in England, Wales, and Scotland, with similar legislation in place for Northern Ireland. The Act was introduced after a series of eleven dog attacks in 1991, with the intention of protecting the public.
The Act covers dog attacks causing physical injury to a human, but not physical injury or death to other animals. It also does not cover mental injury to a human witnessing an attack. The prosecution will typically rely on expert evidence from a Dog Legislation Officer (DLO) when alleging that a dog is prohibited.
Section 3 of the Act creates a criminal offence of allowing any dog to be dangerously out of control, and legal action may be taken against the owner. A dog may be considered dangerously out of control if it attacks another animal, due to the risk to its owner or another person attempting to intervene. A defence for the owner is to prove that they had left the dog in the control of someone whom they believed to be a fit and proper person.
Owners of banned dogs may be fined or imprisoned for up to 6 months, or both. If a banned dog is not considered a danger to the public, it may be placed on the Index of Exempt Dogs, allowing the owner to keep it under certain conditions.
Despite the legislation, dog bites in the UK have continued to increase, and there has been criticism of the focus on a dog's breed or appearance rather than its behaviour. The RSPCA and other organisations have called for changes to the legislation, including repealing Section 1, to improve dog welfare and public safety.
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Attacks on other animals
The Dangerous Dogs Act 1991 prohibits or restricts certain types of dogs and makes it a criminal offence to allow a dog of any breed to be dangerously out of control. However, the Act only covers dog attacks causing physical injury to humans and not to other animals.
Despite this, a dog may still be deemed dangerously out of control if it attacks another animal, due to the risk to the owner of that animal if they try to intervene. The owner of the dog may be able to defend themselves by proving that they had left the dog in the control of someone whom they believed to be a fit and proper person, or if the dog was being used for a lawful purpose.
The Act has been criticised for focusing on a dog's breed or looks rather than its behaviour. Dogs that resemble an illegal type can be seized and even killed based on their appearance alone, without having shown any aggressive behaviour. This has resulted in well-behaved dogs being seized and kept away from their owners for the duration of costly court cases.
In 2024, it became illegal to possess or have custody of an XL Bully dog, a breed that has become the most commonly seized type of dog. Owners of XL Bully dogs can apply for a certificate of exemption, which requires the dog to be muzzled in public places, among other conditions.
If you have been attacked or bitten by a dog, you may be able to claim compensation if the owner has been negligent, for example, by showing a history of aggressiveness or an inability to control their dog.
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Exemptions
The Dangerous Dogs Act 1991 prohibits or restricts certain types of dogs and codifies the criminal offence of allowing a dog of any breed to be dangerously out of control. The Act applies in England, Wales, and Scotland, with similar legislation in place for Northern Ireland.
The Dangerous Dogs Act has been criticised for focusing on a dog's breed or looks rather than its behaviour. As a result, many well-behaved dogs have been seized and kept away from their owners while their case is being reviewed. In 1997, the law was amended to allow exemptions from euthanasia for any dog that had been identified as a banned type. The courts are now permitted to allow for the exemption of such a dog if, in their opinion, they do not pose a danger to public safety and are kept by a fit and proper person.
Owners of banned dogs can apply for a Certificate of Exemption, which allows them to keep their dog as long as it does not behave dangerously and they follow certain rules. This includes having the dog muzzled when in public and keeping the Index of Exempt Dogs updated with any changes of address. The Certificate of Exemption is valid for the life of the dog.
In addition, Section 3(1A) of the Dangerous Dogs Act 1991 provides a defence for dog owners whose dog is dangerously out of control with respect to a trespasser entering their home, whether the owner is present or not. This is known as the 'householder exemption' and does not apply to postal workers or anyone else posting items through the letterbox.
The Dangerous Dogs Exemption Schemes (England and Wales) Order 2015 applies to other dogs. This legislation relates to dogs of a "type" which is wider than "breed".
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Penalties for owners
The penalties for owners of dangerous dogs in the UK can be severe and include the destruction of their dog. Owners may be fined and/or sent to prison for up to 6 months if found to have a banned dog breed. The police or council dog warden can seize a dog suspected of being banned, and the owner is not permitted to visit the dog while awaiting the court's decision. If the dog is found to be of a banned breed but not a danger to the public, it can be placed on the Index of Exempt Dogs, and the owner can keep the dog with a Certificate of Exemption.
Owners may also be fined if their dog is out of control in public, and this applies to all dog breeds. A dog may be considered dangerously out of control if it attacks another animal, as there is a risk to its owner if they try to intervene. The owner may defend themselves by proving that they had left the dog with a fit and proper person, or if the dog was being used for a lawful purpose.
If a dog injures someone, the owner can be sent to prison for up to 5 years or face an unlimited fine. If the dog deliberately injures someone, the owner could be charged with 'malicious wounding'. If a dog kills someone, the owner can be imprisoned for up to 14 years or receive an unlimited fine. If an assistance dog is injured, the owner can be imprisoned for up to 3 years.
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Frequently asked questions
The Dangerous Dogs Act 1991 is a UK law prohibiting or restricting certain types of dogs and making it a criminal offence to allow a dog of any breed to be dangerously out of control.
The Dangerous Dogs Act outlaws five types of dog: the American Bully, the Pitbull Terrier, the Staffordshire Bull Terrier, the XL Bully, and one other type for which no guidance on identification has been issued.
If a dog is suspected of being a banned type, it will be seized by the police and held in kennels while being assessed by an expert. If the dog is found to be a banned type, the owner can be fined or sent to prison for up to 6 months, or both.
A dog may be considered dangerously out of control if it attacks a person or animal, or if the owner of an animal thinks they could be injured if they tried to stop the dog from attacking their animal.
Section 3(1A) of the Dangerous Dogs Act provides a defence for a dog that is dangerously out of control towards a trespasser on their property, whether the owner is present or not. This defence does not apply to postal workers or anyone else posting items.
