Dangerous dogs: Dog bites, banned dogs and legal assessments
In the UK, legal problems that involve dogs are not restricted to specific breeds.
There are many circumstances where an owner will need professional advice or a legal assessment. These include incidents involving a dog bite or where an individual fears injury, identification of a prohibited dog type in the UK or a police seizure.
Consequences of such situations can be severe, so obtaining support and guidance from a professional canine behaviourist is the correct course of action.
What is the Dangerous Dogs Act?
The 1991 Dangerous Dogs Act is a law in the UK that bans certain types of dogs. It also makes it a criminal offence to let any type of dog be dangerously out of control.
According to Section 3 of the act, an owner or person in charge can be prosecuted if a dog in their care is dangerously out of control, whether it is in a public space or within a private home. It is worth noting that to be classed as a crime, an incident does not have to involve a physical injury like a bite. However, if a dog does injure someone, the penalty is far more severe. The act includes penalties that can include up to six months imprisonment and heavy fines for a standard offence, or up to two years imprisonment if someone is injured.
What happens if your dog bites someone?
Here in the UK, under the Dangerous Dog Act of 1991, if a dog bites someone, its owner can face criminal prosecution. This is because if a dog is "dangerously out of control" in private or public, even inside an owner’s own home, it is illegal.
There are legal consequences and penalties for a dog bite that include criminal charges. If a dog injures a person, its owner can face an unlimited fine, receive a lifetime ban from owning dogs or be imprisoned for up to five years. However, if the attack proves fatal, this sentence can be up to 14 years.
While an investigation into a dog bit incident is conducted, the police has the right to seize and impound the dog, confiscating it from its owner. Courts and local authorities also have the power to order that a dog is destroyed if they deem it to be a public danger.
In some cases, owners may get a Dog Control Notice. This may force them to keep their dog on a lead or wear a muzzle. The control order can also ban dogs from specific areas.
Owners can also face a civil liability case. Victims of a dog bite can sue owners for financial compensation if negligence is proven under the 1971 Animals Act.
Has your dog been involved in a bite incident?
A dog aggression behaviourist covering Oxfordshire and surrounding areas, Azz Rainey can offer support following a dog bite incident. Contact him today to find out about Private Dog Legal Assessments.
Dog behavioural assessments following an incident
Whether your dog has bitten someone or made them fear an injury, a professional assessment from a qualified canine behaviourist is essential. A certified professional can understand their behavioural responses and temperament. Looking closely at the circumstances surrounding an incident, they can identify triggers that caused the aggressive behaviour and assess further risks.
Which dogs are banned in the UK?
Under the 1991 Dangerous Dogs Act five types of dogs are prohibited in the UK. Whether a dog is a banned type depends on its appearance and physical characteristics rather than its pedigree or actual breed name.
The five types of dogs banned are the American XL Bully, the Fila Brasileiro, the Pit Bull Terrier, the Dogo Argentino and the Japanese Tosa. The act states that it is against the law to sell, own, abandon, give away or breed these dogs without having a valid Certificate of Exemption.
To legally own an exempt dog such as an XL Bully, they must remain microchipped, neutered, and kept secure. They must also wear a muzzle and remain on a lead when in public. BBC Panorama has examined whether the ban on dangerous dogs is working, which you can watch here.
