Understanding the Law on Dangerous Dogs Under the Dangerous Dogs Act 1991
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, 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.
Banned Breeds and Dangerous Behaviour
The Dangerous Dogs Act 1991 specifically bans the ownership of certain breeds, including:
- Pit Bull Terriers
- Japanese Tosas
- Dogo Argentinos
- Fila Brasileiros
- XL Bully Dog
These dogs are considered inherently dangerous. Additionally, any dog of any breed can be classified as dangerous if it is found to be dangerously out of control. This classification applies when a dog:
- Injures someone or
- Causes someone to fear injury.
The penalties for owning a banned breed or having a dangerously out-of-control dog can include imprisonment, fines, and, in some cases, the destruction of the dog.
Breed and Temperament Assessments
One of the key challenges in dangerous dog cases, particularly involving breeds like XL Bully dogs, is the difficulty in correctly identifying the dog’s breed. Expert opinions on breed characteristics can differ, and this makes having an independent breed assessment vital. At Allen Hoole Solicitors, we work with the best dog behaviour experts who can assess the dog’s breed and provide an opinion that may challenge the prosecution’s case.
In some cases, even if a dog is determined to be an XL Bully or another banned breed, temperament assessments can play a crucial role in the court's decision. These assessments evaluate the dog's behaviour and determine whether it poses a danger to the public. A positive assessment can lead to a contingent destruction order, where the dog is spared from being put down, as long as certain conditions (like muzzling in public) are met.
Dangerous Dog Exemption Process
Even if your dog is classified as a banned breed, you may be able to avoid having your dog destroyed by applying for an exemption through DEFRA. At Allen Hoole Solicitors, we can guide you through this process, which includes registering your dog on the Index of Exempted Dogs. This involves ensuring your dog is:
- Neutered,
- Microchipped,
- Properly insured,
- Kept muzzled and on a lead in public places.
Our team will help you comply with all legal requirements to ensure that your dog remains in your care and avoids destruction.
In-House Expertise and Specialist Representation
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.