criminal solicitors london on dangerous dogs

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Criminal solicitors in london and in the UK should be aware that whilst offences involving dangerous dogs are dealt with under the Anti-social Behaviour Act, The Crime and Policing Act 2014, the Dangerous Dogs Act 1991 (Amended 2014) is the most well known and most used piece of legislation when prosecuting owners of dangerous dogs or dogs that are out of control.

All good criminal solicitors will be aware that under section 1 of the Dangerous Dogs Act 1991 it is an offence to have or be in possession of certain TYPES of dog unless he or she has been registered on the Index of Exempted Dogs and the conditions of the exemption are complied with. 

Under the dangerous dogs act 1991, there are four types of dog that are illegal to own, breed from, abandon or sell.  They are :

• Pit Bull Terrier
• Dogo Argentino
• Japanese Tosa
• Fila Braziliero

Under the Dangerous Dogs Act, it is also an offence to sell or attempt to sell a prohibited or banned dog.

Under the Dangerous Dogs Act, it is an offence to breed or attempt to breed from a prohibited or banned dog. 

Whether your dog is a banned type is not dependent on its breed.  It is the characteristics that will be important.  The point was considered by the Court of Appeal in R v Knightsbridge Crown Court ex Parte Dunne [1993] 4 All ER 491. 

Dunne considered the issue of the meaning and interpretation of the phrase "any dog 

of the type known as the pit bull terrier" in section 1(1)(a) of The Dangerous Dogs Act 1991.  The Court of appeal rejected the defence argument that the test should be based on the breed of the dog:

"....the word "type" is not synonymous with the word "breed"....the word "type" has a wider meaning than the word "breed".

For a dog to fall within the category of a  “pit bull” type dog, he or she must have a substantial number of the characteristics of a pit bull terrier. Where there is a dispute as to the type of dog and whether it is a pit bull type dog, criminal solicitors, experts and courts will generally rely on the American Dog Breeders Association’s Basis of Conformation for the American Pit Bull Terrier. The High Court has ruled that the behaviour of a dog is relevant but not conclusive when determining whether a dog is a pit bull type. 

If the police suspect that you have in your possession a dangerous dog, you can face prosecution.   Prosecutions for having a dangerous dog are dealt with in the Magistrates Courts.  

The onus is on the defence to prove that the dog in question is not a type of dog to which the prohibition applies.  Where there is a doubt, good Criminal Solicitors will always advise on obtaining an  expert report to confirm whether the dog in question is of a type that is banned.  If the expert confirms that the dog is not of a type of banned dog, the magistrates should find you not guilty if you are prosecuted for being in possession of a banned dog.

Where the police are able to establish that the dog in question is a banned dog, the issue will arise as to whether the dog should be put down.  In order to avoid this, the court must be satisfied that the dog is not a danger to the public and that a fit and proper person will be responsible for the dog. 

If the dog is a banned dog, but the court are satisfied that it is not a danger to the public, it may be put on the Index of Exempted Dogs (IED).  In this situation, you will be given a Certificate of Exemption which is valid for the life of the dog.  The dog must be:

• neutered
• microchipped
• kept on a lead and muzzled at all times when in public
• kept in a secure place so it cannot escape

As the owner, you will be required to:

• Have in place insurance against your dog injuring other people
• be aged over 16
• show the Certificate of Exemption when asked by a police officer or council dog warden, either at the time or within 5 days
• let the IED know if you change address, or your dog dies

There is no strict definition of what is a fit and proper person for this purpose.  The sentencing council have stated that in making a determination as to whether a person is a fit and proper person to be in charge of a dog, the following non-exhaustive criteria should be considered :

any relevant previous convictions, cautions or penalty notices; 

• the nature and suitability of the premises that the dog is to be kept at by the person; 
• where the police have released the dog pending the court’s decision whether the person has breached conditions imposed by the police; and 
• any relevant previous breaches of court orders.