What are the rules under the Dangerous Dogs Act?
The Dangerous Dogs Act 1991 prohibits certain types and breeds of dogs, and lists several types of offences that may apply if dogs are dangerously out of control. It makes it unlawful for any person to breed, sell, give away, advertise or have in your possession or custody a dog of any of the prohibited types, unless you have a court-ordered exemption.
The dog breeds that are currently banned in the UK are:
- Pit bull terrier
- XL Bully
- Japanese Tosa
- Dogo Argentino
- Fila Brasiliero
Beyond owning one of these dogs, the act creates an offence that may be brought if a dog is dangerously out of control in a public or private place. The owner and/or the person in charge of the dog, if they are different people, may be guilty of an offence in these circumstances. If the dog injures a person (or another dog, particularly an assistance or guide dog) while dangerously out of control, that represents an aggravated offence that comes with stronger penalties.
What charges can a dog's owner face when someone is attacked by a dog they control?
If your dog bites someone, you (or the person in charge of the dog at the time) may face a number of criminal charges under the Dangerous Dogs Act 1991 and associated legislation. The key charges and the conditions under which they apply include:
Dog dangerously out of control
- It is a criminal offence if a dog is dangerously out of control in any place (whether public or private) and the owner or person in charge is responsible.
- If the dog causes injury to a person (or an assistance dog) the offence is considered an aggravated offence that is subject to more serious penalties, although the offence itself remains the same.
- “Dangerously out of control” includes situations where there are grounds for a reasonable belief that the dog will injure a person or assistance dog, whether or not it actually does.
- You may face charges if someone is attacked or bitten by a dog under these circumstances, or if there is cause to expect that a dog might attack someone, even if it does not belong to one of the prohibited breeds as listed above.
Possession or custody of a prohibited dog
- If the dog is of a type prohibited under the act (for example, those designated as being bred for fighting) the owner may be charged with possessing or having custody of a prohibited type, or for selling, advertising or giving it away.
- These charges may come into play if the dog is a banned breed or type and the owner has failed to comply with the legal requirements to secure an exemption certificate. If a dog is subject to an exemption certificate, there will be conditions associated with this, including a requirement to microchip the animal, buy suitable insurance, use a muzzle and lead in public, contain the animal securely and, in some case, to neuter the dog. Failing to meet these requirements or to seek an exemption certificate where one is necessary may be an offence.
If you are facing charges or under investigation for these offences, speak to a solicitor at your earliest opportunity. The potential consequences for a conviction can be severe, including the destruction of your dog in some cases. The expert dog bite defence solicitors at Tyler Hoffman can represent you to secure the best possible outcome from this situation, and will pursue your defence in the strongest possible terms.
What are the possible sentences for dog attacks?
If someone suffers an unprovoked dog attack by an animal you control in a public place, this can come with significant legal penalties. The Sentencing Council has increased sentencing powers for such offences and you may now receive up to 14 years’ imprisonment for a fatal dog attack. If a dog is dangerously out of control and a person is injured as a result, this comes with a maximum sentence of five years’ imprisonment.
When an assistance dog is injured or killed, this results in a sentence of up to three years’ imprisonment, while a dog being dangerously out of control without causing injury to person, but resulting in fear of injury, can lead to six months’ imprisonment.
In the most serious circumstances, a conviction for a dangerous or prohibited-dog offence is secured, the court may order that the dog be destroyed and/or that the owner be disqualified from keeping dogs for a period. Failure to comply with such an order may itself be an offence.
The injured party may seek to make a dog bite compensation claim. Compensation for a successful claim is usually paid by your pet insurance, but you may be liable to pay for a dog bite injury claim yourself if you do not have the right insurance in place. Either way, this can increase insurance premiums significantly in the future and, as such, it is best to work with an experienced team of defence solicitors to challenge your liability for any injuries caused by your dog.
For these reasons, it's vital to speak to a solicitor at your earliest opportunity if your dog is alleged to have bitten someone or you are accused of failing to fulfil the requirements for owning a dangerous dog breed.