Dangerous Dogs Act 1991 facts for kids
| Act of Parliament | |
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| Long title | An Act to prohibit persons from having in their possession or custody dogs belonging to types bred for fighting; to impose restrictions in respect of such dogs pending the coming into force of the prohibition; to enable restrictions to be imposed in relation to other types of dog which present a serious danger to the public; to make further provision for securing that dogs are kept under proper control; and for connected purposes. |
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| Citation | 1991 c. 65 |
| Territorial extent | England and Wales, Scotland but Section 8 Extents To Northern Ireland |
| Dates | |
| Royal assent | 25 July 1991 |
| Commencement | 30 November 1991 (Section 3(1)) 12 August 1991 |
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Status: Amended
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| Text of statute as originally enacted | |
| Text of the Dangerous Dogs Act 1991 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk | |
The Dangerous Dogs Act 1991 is an Act of the Parliament of the United Kingdom prohibiting or restricting certain types of dogs and codifying the criminal offence of allowing a dog of any breed to be dangerously out of control. After eleven horrific attacks in 1991, Home Secretary Kenneth Baker promised "to rid the country of the menace of these fighting dogs". The Act has been controversial for failing to stem the rise of dog attacks, and for focusing on a dog's breed or looks instead of an individual dog's behaviour.
Introduction
The 1991 act was introduced by then Home Secretary Kenneth Baker, and was amended in 1997. The Act applies in England, Wales and Scotland, with The Dangerous Dogs (Northern Ireland) Order 1991 having a similar effect in Northern Ireland. The intention of the Act was the protection of the people. Prior to the Act there were no criminal penalties for injuries or deaths caused by dog attacks.
In summary:
- Section 1, Dogs bred for fighting, prohibits the ownership of certain types of dogs, unless exempted on the Index of Exempt Dogs. It was intended to have a preventative effect.
- Section 3, Keeping dogs under proper control, creates a criminal offence of allowing any dog (of any breed or type) to be dangerously out of control, and legal action may be taken against the dog's owner.
- Section 4, Destruction and disqualification orders, covers orders for destruction of dogs, and orders for prohibiting offenders from the keeping of dogs for a period of time.
Britain has a long history of various dog legislation in attempts to protect the public. In the ninth century, dog-owners were fined if their dog bit a person. In 1839, fines were exacted for allowing dogs to run loose in London, and owners were liable if their unmuzzled dog attacked a person or other animal. In 1847, it became a criminal offence to let a dangerous dog run loose. The power to confiscate dogs was introduced in 1871. Prohibition of owning a dog as a penalty was available in 1989. The 1991 Act banned four types of dog, and made it an offence for an owner to allow any dog "to be dangerously out of control". In 1997, the Act was amended, relaxing rules and giving courts more flexibility about euthanasia orders. And in 2006, local authorities were empowered to ban dogs from certain public areas to reduce menace and fouling by dogs.
Section 1 (Breed Specific Legislation)
Under the Act, it is illegal to own certain dogs without an exemption from a court. The Act bans the breeding, sale and exchange of these dogs, even if they are on the Index of Exempted Dogs.
The Act applies to four types of dogs:
- Pit Bull Terrier
- Japanese Tosa
- Dogo Argentino
- Fila Brasileiro
The first two are explicitly mentioned in the Act, and the final two were added by the Secretary of State in 1991.
The Act also covers cross-breeds of the above four types of dog. Dangerous dogs are classified by "type", not by breed label. This means that whether a dog is prohibited under the Act will depend on a judgement about its physical characteristics, and whether they match the description of a prohibited "type". This assessment of the physical characteristics is made by a Dog Legislation Officer (DLO), a police officer experienced in dog handling and dog legislation, who assists in the investigation of dog-related allegations of crime.
Index of Exempted Dogs
The process for getting a Section 1 dog exempted includes proving to the court that the dog is not a danger to public safety, that it is owned by a 'fit and proper' person to be in charge of a dog, that the dog is already neutered and microchipped, and that the owner has obtained third-party insurance that would cover an incident of bodily injury or death of a person caused by the dog. Ongoing conditions include keeping the dog at the address listed, notifying of address changes, notifying of the death or export of the dog, keeping the dog muzzled and on a lead in public places, keeping the dog securely to prevent escape, and maintaining all previous conditions for the life of the dog.
The Act established the Index of Exempted Dogs and the Animal Welfare section of the Department for Environment, Food and Rural Affairs (Defra) oversees the administration of the Act and the Index.
Initially, dogs born before 30 November 1991 were eligible to be put on the Index of Exempted Dogs (a grandfather clause). Applications were received for over 8,000 dogs; 5,223 dogs received their Certificate of Exemption. Dogs born after 30 November 1991 were not eligible to be on the Index, and it was expected the Index would cease after the death of the last of the original 5,223 dogs. However, the 1997 amendments expanded eligibility, effectively continuing the Index. As of 2015, there were 3,001 Pit bull terriers on the Index, 6 Dogo Argentinos, 0 Fila Brasilieros, and 3 Japanese Tosas. As of 2018, there were 3,514 Pit bull terriers, 3 Japanese Tosas, 13 Dogo Argentinos, and 0 Fila Brazilieros.
