Dangerous Dogs Solicitors

The Dangerous Dogs Act 1991 is the primary legislation in the UK governing the control of dogs that are deemed dangerous or belong to certain prohibited breeds. The Act makes it a criminal offence to own, breed, sell, or exchange specific banned breeds, unless the dog is lawfully exempt or becomes exempt by order of a court, as well as any dog deemed to be dangerously out of control in a public or private place. With the recent attention surrounding XL Bully dogs, it’s more crucial than ever for owners to understand the law and their rights.

At Allen Hoole Solicitors, we have extensive experience handling dangerous dog cases, particularly those involving XL Bully breeds. Our dedicated team can assist in defending against accusations under the Dangerous Dogs Act, ensuring the best possible outcome for both owners and their dogs.

Contact our Dangerous Dogs Solicitors Today

To find out how Allen Hoole can assist you with legal representation in dangerous dogs cases, please contact our offices in Bristol, Cheltenham and Keynsham or fill out our online enquiry form, and we will respond to you promptly.

How Allen Hoole Can Help

Our in-house dog law expert, Lisa Rowley, has extensive experience in handling dangerous dog cases, including those involving XL Bully breeds. She has built strong connections with the leading dog behaviourists and expert witnesses, ensuring that our clients have access to the best possible defence.

As one of the largest criminal defence firms in the South West of England, we have the resources to provide high-quality representation at every stage. Whether you are dealing with accusations of having a dangerous dog at the police station or require representation in court, our solicitor advocates and specialist barristers are available to assist you.

If you or someone you know is facing charges under the Dangerous Dogs Act 1991, contact Allen Hoole Solicitors today. We are available 24/7 to provide expert legal advice and ensure the best possible outcome for your case and your dog’s future.

Why You Need a Dangerous Dogs Solicitor

Dangerous dog allegations are criminal matters, often carrying serious consequences for both the owner and the animal. These cases involve detailed legislation, expert evidence, and strict procedural requirements. Without careful handling, matters can quickly move beyond your control.

Instructing a specialist dog lawyer ensures that your case is managed properly from the beginning. We will assess the evidence, challenge any weaknesses in the prosecution’s case, and work to safeguard your dog’s welfare, which is often a central concern for our clients.

Early legal advice can make a significant difference. It allows us to engage with the police, advise you before interview, and begin preparing a strong defence at the earliest opportunity.

Offences Under the Dangerous Dogs Act 1991

The Dangerous Dogs Act 1991 creates a number of criminal offences relating to the ownership and control of dogs. These include possessing a prohibited breed, allowing a dog to be dangerously out of control, and failing to comply with legal restrictions or exemption conditions.

Each case will depend on its specific facts. In some situations, the issue may centre on the classification of the dog. In others, it may relate to an alleged incident involving injury or fear of injury.

We take time to examine every aspect of the allegation, including how the incident occurred, the behaviour of those involved, and whether the legal threshold for an offence has been met.

Banned Dog Breeds in the UK

The Dangerous Dogs Act 1991 specifically bans the ownership of certain breeds, including:

Pitbull Terrier

The Pit Bull Terrier is one of the most commonly identified prohibited types under UK law. Classification is based on physical characteristics rather than pedigree alone. This means a dog may be considered a “type” even without formal breeding records, which often leads to disputes requiring expert assessment.

Japanese Tosa

The Japanese Tosa is a large, powerful breed originally developed for fighting. It is prohibited in the UK, and ownership is unlawful unless the dog is registered on the Index of Exempted Dogs or is subsequently exempted by a court order. Cases involving this breed often focus on identification and compliance with exemption conditions.

Dogo Argentino

The Dogo Argentino is another banned breed, originally bred for big-game hunting. Its size and strength mean that allegations involving this type are taken seriously by the authorities. Careful legal and expert analysis is often required to challenge classification decisions.

Fila Brasileiro

The Fila Brasileiro is prohibited due to concerns about its guarding instincts and potential for aggression. As with other banned types, classification depends on physical traits. Owners may face complex legal proceedings where the classification is disputed or unclear.

XL Bully

The XL Bully has been added to the list of prohibited types in England and Wales. This has led to a significant increase in cases involving seizure, exemption applications, and alleged non-compliance. These matters often require urgent legal advice due to strict deadlines and evolving guidance.

XL Bully Ban and Exemption Requirements

The introduction of the XL Bully ban has created new legal obligations for owners. To lawfully keep an XL Bully, strict exemption requirements must be met, including registration, neutering, microchipping, and adherence to control measures such as muzzling and lead use in public.

As of 2024, the deadline for registering XL Bully dogs on the Index of Exempted Dogs has passed, and it is now generally unlawful to own an XL Bully in England and Wales unless a valid exemption is already in place or granted by a court.

Failure to comply can result in criminal charges and the potential seizure of the dog. Many owners find the process complex, particularly where deadlines have passed or documentation is incomplete.

Dogs Dangerously Out of Control

A dog may be considered dangerously out of control if it injures someone or causes a person to fear that they may be injured.

These cases often depend on detailed factual analysis. Questions may arise about how the incident occurred, whether the dog was provoked, and whether the response of the complainant was reasonable.

We approach these cases with care, ensuring that all relevant evidence is considered. This may include witness statements, CCTV footage, and expert behavioural assessments. Our aim is to present a clear and accurate account of events.

Sentencing and Penalties

Penalties under the Dangerous Dogs Act can be severe. They may include fines, disqualification from owning dogs, imprisonment in the most serious cases, and orders relating to the destruction or control of the dog.

The court will consider a range of factors, including the nature of the incident, the level of harm caused, and the owner’s previous history. Mitigation can play an important role, particularly where steps have been taken to address any concerns.

We prepare every case thoroughly, ensuring that your circumstances are properly presented and that the court has a full understanding of the situation. Our focus is on achieving a fair and proportionate outcome.

Defending Dangerous Dog Charges

Defending a dangerous dog allegation requires a structured and detailed approach. Each case presents its own challenges, and careful preparation is essential.

We begin by reviewing the evidence in full, identifying any inconsistencies or gaps. Where appropriate, we instruct independent experts to assess the dog’s behaviour or challenge breed classification. We also ensure that your account is clearly and accurately presented.

Throughout the process, we keep you informed and involved. Our aim is to build a strong and credible defence, while providing you with clear advice at each stage. We are here to guide you, from initial investigation through to court proceedings if required.

Contingent Destruction Orders

In some cases, the court may impose a Contingent Destruction Order rather than ordering immediate destruction of the dog. This allows the dog to remain with the owner, subject to strict conditions.

These conditions may include muzzling, keeping the dog on a lead in public, secure confinement at home, and compliance with exemption requirements. Breaching these conditions can result in further legal consequences.

We regularly advise clients on how to secure and comply with such orders. Where appropriate, we make representations to the court to demonstrate that the dog can be safely managed without the need for destruction.

Frequently Asked Questions

What should I do if my dog has been seized by police?

If your dog has been seized, it is important to act quickly. You should seek legal advice before speaking in detail to the police. We can contact the relevant authorities on your behalf, obtain information about the grounds for seizure, and advise you on the next steps.

Time is often critical in these cases. Early intervention allows us to challenge the basis of the seizure, where appropriate and to begin preparing your case. We will also advise you on your rights and responsibilities, ensuring that you are fully informed throughout the process.

Can I keep my banned breed dog?

In some circumstances, it is possible to keep a banned breed if it is registered on the Index of Exempted Dogs and all legal requirements are met. This includes strict conditions relating to control, insurance, and identification.

If your dog is not currently exempt, or if there has been a breach of conditions, the situation becomes more complex. We can advise you on whether an exemption is possible and represent you in any related proceedings. In some cases, a court may order that a prohibited dog be added to the Index of Exempted Dogs following legal proceedings, depending on the circumstances. Each case will depend on its facts, and careful legal assessment is essential.

What happens if my dog bites someone in the UK?

If your dog bites someone, you may face an allegation that the dog was dangerously out of control. The severity of the consequences will depend on the circumstances, including the level of injury and how the incident occurred.

It is important not to make assumptions about the outcome. There may be factors that affect liability, such as provocation or the behaviour of the injured party. We will review the evidence carefully and advise you on your position, ensuring that your case is presented clearly and fairly.

How long can police keep my dog?

The length of time a dog can be kept by the police will depend on the nature of the case and how quickly proceedings progress. In some instances, dogs may be held for several months while investigations and court hearings take place.

We recognise how distressing this can be. We take steps to progress cases efficiently, maintaining communication with the authorities and seeking updates where necessary. Our aim is to minimise delays and ensure that matters are resolved as promptly as possible.

Can a destruction order be appealed?

Yes, a destruction order can be appealed in certain circumstances. The process involves strict time limits, and it is important to act quickly if you wish to challenge the decision.

We can advise you on the prospects of an appeal and handle the process on your behalf. This may involve gathering further evidence, including expert reports, and presenting detailed legal arguments to the court. Careful preparation is key to achieving a successful outcome.

Do I need a solicitor for a dangerous dog case?

While it is not a legal requirement to instruct a solicitor, these cases are complex and can have serious consequences. Having experienced legal representation ensures that your case is handled properly and that your rights are protected.

We provide clear, practical advice and represent you throughout the process. From police interviews to court hearings, we are here to guide you and to work towards the best possible outcome for you and your dog.