March 21, 2024
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An Overview of the Dangerous Dogs Act 1991

Dangerous Dogs Act 1991, Lawforeverything

On this page you will read detailed information about Dangerous Dogs Act 1991.

As a dog owner, you have a responsibility to understand the laws that apply to certain breeds. The Dangerous Dogs Act of 1991 was introduced in the United Kingdom to restrict ownership of dogs deemed especially aggressive or that may intimidate the public. Reviewing an overview of this act will help inform you of your obligations and rights if you own or are considering certain breeds. Understanding the scope and key provisions of the law allows you to make educated choices when selecting a pet to welcome into your home. Acting in accordance with statutes shows you are a thoughtful community member dedicated to safeguarding your neighbors.

What Is the Dangerous Dogs Act 1991?

The Dangerous Dogs Act 1991 is a law in England and Wales that was introduced to prohibit the ownership of certain types of dogs deemed too dangerous to be kept as pets. The act was amended in 1997 and 2014. Its main purpose is to protect the public from dogs bred for fighting or as status symbols.

The Dangerous Dogs Act 1991 bans the ownership of four breeds:

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

Banned breeds are illegal to own, breed, sell, give away or abandon. The law applies regardless of whether the dog has behaved aggressively in the past. The onus is on the owner to prove their dog is not a banned breed if the police or local authorities suspect otherwise. Failing to do so can result in the dog being taken and euthanized.

The Dangerous Dogs Act 1991 also introduced strict controls on other types of dogs by:

  1. Requiring all dogs to be microchipped so their owners can be identified.
  2. Requiring insurance for dogs that have been deemed “dangerous” due to aggressive behavior. Owners face criminal prosecution if their dog attacks someone.
  3. Giving courts the power to order the destruction of any dog, no matter the breed, that poses a danger to the public.
  4. Making it an offence for a dog to be “dangerously out of control” in a public place or a private place where it is not permitted to be. This applies to all dogs, regardless of breed.

The Dangerous Dogs Act has been controversial, with critics arguing it has largely failed to reduce dog attacks. However, its intention to promote responsible dog ownership and crack down on irresponsible owners remains an important aim. Education, promoting non-aggressive breeds, and enforcing existing laws may be better solutions to this complex issue.

Breeds Banned Under the Dangerous Dogs Act

The Dangerous Dogs Act 1991 bans four breeds of dogs in the UK:

Pit Bull Terriers

Pit Bull Terriers were bred as fighting dogs and are known for their aggression and strength. The Act banned Pit Bull Terriers, except those born before 1991, to reduce public risk from attacks. The Act also made it illegal to breed, sell, exchange, or gift Pit Bull Terriers.

Japanese Tosas

Tosas were originally bred as fighting dogs in Japan. They are large, powerful dogs that can be aggressive and territorial. The Act banned the breeding, sale, exchange, or gifting of Tosas to prevent them from entering the general dog population in the UK.

Dogo Argentinos

Dogo Argentinos were bred in Argentina as big game hunting dogs. They are powerful, muscular, and can show aggression towards other dogs. The Act banned Dogo Argentinos to avoid the risk of them attacking smaller pets or humans.

Fila Brasileiros

Fila Brasileiros were bred in Brazil to guard plantations and hunt big game. They are very large, aggressive, territorial dogs that are suspicious of strangers. The Act banned Fila Brasileiros to reduce the threat of them attacking intruders or unfamiliar people.

The breeds specified in the Dangerous Dogs Act are prohibited based on concerns over their aggressive tendencies and potential to cause harm. By banning the breeding, sale, exchange or gifting of these breeds, the Act aimed to phase them out of the general dog population over time and improve public safety. The legislation remains controversial, with some arguing that it should be repealed or expanded to cover other potentially dangerous breeds. However, its impact in reducing attacks from the breeds it covers demonstrates some success in achieving its aims.

In the previous post, we had shared information about An Overview of the Bail Reform Act, so read that post also.

Requirements for Owners of Banned Breed Dogs

As the owner of a dog on the banned breed list in the UK, there are certain requirements you must comply with under the Dangerous Dogs Act 1991. Failure to do so can result in legal consequences including fines, imprisonment, and euthanasia of your dog.

Proper Enclosure

Your banned breed dog must be kept in a secure enclosure that it cannot escape from. The enclosure must be locked and constructed in such a way that the dog cannot dig its way out or chew through the material. When transporting your dog in public, it must be muzzled, kept on a short lead by a person over 16 years of age, and kept under control.

Liability Insurance

You must obtain and maintain liability insurance for your banned breed dog in case it causes damage or injury. The insurance policy must provide coverage of at least £250,000. Proof of insurance may be requested by police or local authorities at any time. Lack of insurance when asked can result in legal prosecution.

Identification

Your dog must be microchipped and wear a collar with an ID tag that includes your name and address. This helps authorities identify the dog and owner should it become lost or be involved in an incident. Failure to properly ID your dog is a violation of the Act.

Age Restriction

Those under the age of 16 are prohibited from walking or being in charge of a banned breed dog in public. Only owners and those over 16 who are capable of controlling the dog are permitted to handle banned breeds.

Neutering (if male)

Male banned breed dogs must be neutered through castration. This helps curb aggressive and territorial behavior that can lead to attacks. Once neutered, dogs must be microchipped and registered on a database to provide proof of neutering.

Complying with these requirements demonstrates you are a responsible owner and helps ensure public safety. Be aware that banned breed dogs may still be seized or euthanized under certain circumstances, even with compliance. However, responsible ownership is the best way to reduce risks and give your dog the best life possible.

Criticisms and Controversies of the Dangerous Dogs Act

The Dangerous Dogs Act 1991 has received widespread criticism since its inception. Some of the major issues with the legislation include:

Breed-specific legislation

The Act specifically targets certain breeds of dogs, namely Pit Bull Terriers, Japanese Tosas, Dogo Argentinos and Fila Brasileiros. Critics argue that a dog’s behavior depends more on its owner and environment rather than its breed. Banning or strictly controlling certain breeds is considered by many to be misguided and ineffective. Responsible ownership and proper training are seen as better solutions to reducing aggression in dogs.

Difficulty of identification

It can be challenging to determine a dog’s breed accurately, especially when it is of mixed breed. This has led to many dogs being misidentified as Pit Bulls or other banned breeds, resulting in responsible owners having their pets seized and euthanized. Critics argue that breed-specific legislation should not be enforced without proper verification of a dog’s breed.

Lack of evidence

There is little evidence to show that breed-specific legislation has been effective in reducing dog attacks. Critics argue that the Dangerous Dogs Act should be repealed in favor of legislation that focuses on irresponsible owners and education on responsible ownership and training. Alternative approaches like neutering aggressive male dogs, mandatory microchipping, and promoting public education are considered more likely to effectively address the problem.

Impact on responsible owners

The Act has had unintended consequences for many responsible dog owners. Certain breeds have become stigmatized, and owners face difficulties in obtaining insurance or even walking their dogs in public. Critics argue that responsible owners should not face undue difficulties or discrimination due to the actions of irresponsible owners.

The Dangerous Dogs Act 1991 remains controversial, with many experts and animal welfare organizations continuing to call for its repeal and replacement with breed-neutral legislation that places responsibility on irresponsible owners rather than demonizing specific breeds of dogs.

The Future of the Dangerous Dogs Act 1991

The Dangerous Dogs Act 1991 (DDA) was introduced in the UK to address concerns over attacks by dogs, particularly on children. Nearly 30 years later, the effectiveness and fairness of the DDA is frequently called into question. There are several reasons why the future of the DDA is uncertain:

Inconsistent enforcement: Enforcement of the DDA varies greatly between local authorities, leading to confusion over legal requirements. Some critics argue that scarce resources are being used to target less dangerous dogs, rather than focusing on irresponsible owners. Revamping the DDA to provide clearer guidance on enforcement priorities could address this issue.

Breed-specific legislation: The DDA banned four breeds of dogs—Pit Bull Terriers, Japanese Tosas, Dogo Argentinos, and Fila Brasileiros. However, critics argue there is little evidence that breed alone determines aggression. Several studies found no link between breed and bite risk. Revising the DDA to focus on deed, not breed, is a suggested solution.

Difficulty of identification: Visual identification of breeds is highly subjective and inaccurate. DNA testing can be expensive and time-consuming for local authorities. Amending the DDA to remove breed-specific references would bypass this problem, focusing instead on dogs that display actual aggressive behavior, regardless of breed.

In summary, while the goal of the DDA to promote public safety is commendable, the specific methods it employs are flawed and outdated according to many experts. Revising the DDA to become breed-neutral, provide better guidance on enforcement, and focus resources on irresponsible owners could help create legislation that effectively addresses dangerous dogs in today’s society. If left unchanged, the future usefulness of the DDA will remain questionable.

Conclusion

As this overview has shown, the Dangerous Dogs Act of 1991 was enacted to address rising concerns over attacks by aggressive dogs, particularly certain breeds. While a complex issue, the act aims to increase public safety by imposing requirements and restrictions related to specific dog breeds as well as how owners handle and control their pets. As citizens, we have a shared duty to understand the provisions in the law and ensure our own dogs are properly cared for and contained. Although debate continues on elements of the legislation, we must uphold responsible ownership that respects both dogs and community members alike. By working together while following reasonable regulations, safer neighborhoods can be achieved.

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