Offences under the Dangerous Dogs Act

Being arrested or charged for having a dog that is dangerously out of control, not kept under proper control or that is on the list of prohibited breeds, can be highly upsetting and confusing.

If your dog is considered to be from a prohibited breed or to be dangerously out of control, there is a strong likelihood that a court will make a Contingent Destruction Order (‘CDO’) to have the dog put down.

Our expert criminal defence team have many years of experience dealing with dangerous dog offences and can advise and represent you to help secure the best possible outcome for you and your dog. Any mistakes made during police interview can be very hard to rectify, so it is essential to have expert legal advice and representation from the outset.

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We always keep you updated and give straightforward advice. We will get cases dropped early where the case is weak or should not be prosecuted. We will be upfront with you about where you can benefit from a good result with an early guilty plea, such as a discount on your sentence. As we work on cases across all levels with clients from all walks of life, we are excellent at giving clear, spot-on advice. As an established firm, we can allocate a whole team to your case often at short notice to secure evidence to minimise the damage to you.

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Where it is possible, we aim to provide an initial consultation to you. If we can speak to you, we can if required inform you about –

Whether we can take the case on and our relevant experience.
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An outline of options in police interview only. We will not advise you on which option to adopt.
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If possible an outline of the elements of the offence that the police or CPS must prove.
This consultation will normally be by telephone or email and will only be for as long as we deem necessary to establish if we can act for you. If we cannot usefully give you any advice in this manner then we will not continue with the consultation. We will not discuss the case in depth for you to be able to decide on your plea or any significant aspect of the case, as this cannot be undertaken informally.
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Our criminal defence expertise

Having represented clients in all types of criminal proceedings for over 40 years, we have the expertise to secure the best possible outcome under even the most challenging circumstances. We can ensure all relevant factors are considered and that no possible angle of defence is overlooked.

Our team includes a number of accredited police station representatives, meaning we can offer 24-hour advice and representation for anyone arrested for an offence under the Dangerous Dogs Act.

We regularly represent clients in both the Magistrates’ Court and Crown Court and have established links with some of the country’s leading barristers. We have represented a number of clients at Willesden Magistrates’ Court in relation to dangerous dog offences, so we can provide the experience, expert representation you need.

We are accredited by the Law Society for Criminal Litigation and have also achieved Lexcel accreditation, reflecting the high standards of our legal practice.

Common questions about dangerous dog offences

What breeds are banned under the Dangerous Dogs Act 1991?

Four dog breeds are banned under the Act:

Pit Bull Terrier
Japanese Tosa
Dogo Argentino
Fila Brasileiro

It is against the law to own, breed, sell, give away or abandon any dog of these breeds (although it can sometimes be possible to obtain an exemption from the police if they believe your dog is not dangerous).

Whether your dog is considered one of the prohibited breeds depends on its appearance and the judgement of a police or council expert in dangerous dog breeds.

If you are accused of owning a dog from one of the prohibited breeds, it is your responsibility to prove that it is not of a banned type, rather than for the police or other authorities to prove that it is.

When is a dog considered ‘dangerously out of control’?

A dog may be considered dangerously out of control if it is alleged to have:

Injured someone
Made someone fear that it might injure them
Attacked another person’s dog or other animal
Made someone fear they might be injured in attempted to stop your dog from attacking their animal

This law applies to all types of dogs and covers public places, your home and any other private place, such as a friend’s or neighbour’s home.

What are the penalties for dangerous dog offences?

The Crown Prosecution Service’s sentencing guidelines for offences under the Dangerous Dogs Act 1991 are as follows:

Possession of a prohibited dog/ Breeding, selling, exchanging or advertising a prohibited dog – Up to 6 months’ custody and/or a community order or fine of 75-125% of your weekly income.

Owner or person in charge of a dog dangerously out of control in any place in England or Wales (whether or not a public place) – Up to 6 months’ custody and/or a community order or fine of 125-175% of your weekly income.

Owner or person in charge of a dog dangerously out of control in any place in England or Wales (whether or not a public place) where a person is injured – Up to 5 years’ custody and/or a community order or fine of 125-175% of your weekly income.

Owner or person in charge of a dog dangerously out of control in any place in England or Wales (whether or not a public place) where an assistance dog is injured or killed – Up to 3 years’ custody and/or a community order or fine of 75-125% of your weekly income.

Owner or person in charge of a dog dangerously out of control in any place in England or Wales (whether or not a public place) where death is caused – Up to 14 years’ custody.

If you are found guilty of any of these offences, you may also be disqualified from owning a dog for a period set by the court, you may be required to pay compensation to anyone injured by your dog and your dog could be ordered to be destroyed.

What will happen to a dog seized under the Dangerous Dogs Act?

If your dog is believed to be from a prohibited breed or to be dangerously out of control, the animal will normally be seized by the police.

If the dog is found by a police or council expert to be from one of the four banned breeds, or you are found guilty of having the dog dangerously out of control, a court is likely to make a Contingent Destruction Order (‘CDO’) to have the dog put down.

If the dog is of a prohibited breed but you can prove that the animal is not dangerous, you may potentially be granted an exemption by the police. This will result in your dog being added to the Index of Exempted Dogs (IED) and you being issued with a Certificate of Exemption.

If you are granted an exemption for your dog, the animal will need to be neutered, microchipped, kept in a secure place, and kept on a lead and muzzled when in public. You will also need to take out insurance and notify the IED if you move and when your dog dies.

What are my rights when arrested for a dangerous dog?

If you are arrested or charged in relation to an offence under the Dangerous Dogs Act 1991, knowing your rights can be essential to help you avoid unintentionally undermining your defence.

Key points to remember are:

At the time of your arrest, the arresting officer must tell you what specific offence you are being arrested for
You do not have to answer any questions you are asked
You should never answer police questions without a solicitor present

The police are required to caution you with the following words:

“You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.”

Following a police interview, you may be:

Charged with a specific offence
Released under investigation
Release with no further action

Contact our dangerous dog offences lawyers now

For urgent specialist advice, immediate representation or to speak to us confidentially about an offence under the Dangerous Dogs Act or any other criminal matter, please do not hesitate to get in touch.

You can contact a member of our dedicated team of criminal defence lawyers in London, Birmingham, and Manchester by telephone on:

Brent & Camden London Office: 020 7624 7771
Manchester Office: 0161 835 1638
Birmingham Office: 0121 614 3333
City of London: 0207 624 7771 (our senior Solicitors and Partners can meet by appointment in the City)

Or email: solicitors@jdspicer.co.uk

Alternatively, you can fill out our quick online enquiry form, and we will get back to you as soon as possible.

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For immediate representation and advice, you can contact our Emergency Number: 07836 577 556, and we will provide you with the urgent assistance you need.

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