DDA Section One
Dangerous Dogs Act 1991
Commonly referred to as the DDA, the law was introduced in August 1991. The Legislation is composed of different sections: Section One of the Dangerous Dogs Act applies to the following:
* Any dog of the type known as the Pit Bull Terrier
* The Dogo Argentino
* The Fila Brazilieros
* The Japanese Tosa
It is important to note the inclusion of the word 'Type' For adog to be deemed a ' Pit Bull type ' It must have a substantial number of characteristics of a Pit Bull Terrier but does not need ALL of them. This means that many crossbred or purebred dogs of other legal breeds may be deemed to be a 'Type known as the Pit Bull Terrier ' in a court of law.
Registered Dogs
When the Act became law in 1991, many dogs suddenly became a banned dog. Owners were allowed to keep their dog if the dog was registered and followed certain restrictions to avoid death. Registered dogs were recorded with a Government nominated agency called the Index of Exempt Dogs.
The law initially enabled owner led registration ( owner led meant the dog stayed with the owners during the registration process, there was no court involvement ) but a deadline was given; after which the Index was closed and no further dogs could be added to it. The Index was closed in March 1992.
Dogs entered onto the register had to be:
Neutered
Tattooed
ID Chipped
Insured
Kept on a lead and muzzled at ALL times in a public place (Later defined as also including inside your car)Failure to register within the time limit or follow the restrictions resulted in an automatic death sentence if found guilty by the courts.
Unregistered Dogs
Between 1991 and 1997 the courts had no discretion when sentencing under this law - but what does that mean?
It means that if a dog owner was prosecuted for owning an unregistered dog or a registered dog which had broken one of the rules, then the dog would be ordered to be destroyed by a court if found guilty - there wasny any other option avaliable. If an owner of an unregistered dog was taken to court and the dog found guilty of being 'of the type' the only option for the Judge or magistrate would be to order the dog to be destroyed. this led to many cases of innocent friendly pet dogs being given a death sentence.
In 1997 the law changed due to the introduction of the ;
Dangerous Dogs Act (Amendment 1997 )
In 1997 the Dangerous Dogs Act was amended to give the courts discretionary power when sentencing - What does this mean?
It means theat if a dog owner was to be prosecuted for owning an unregistered dog and found guilty by the court - the court can order the dog, if it is satisfied that the dog is of no danger to the public to be registered on the Index of Exempt Dogs as an alternative to being destroyed.
Dog owners are not able to themselves apply to register their dog onto the Index of Exempt Dogs - only a court can make an order for registration.
Section One of the Dangerous Dogs Act 2007
The law today stands exactly as it did in 1997; there have been no further changes. The law still confuses many people as they fail to believe a law based mainly on a dogs apperance can truly exist; but it does exist and it is the law.
Below is some general information on what is and isn't allowed in cases of dogs and their owners caught up in the legislation:
'Type' - The Dog Itself
The dog does not need to be an American Pit Bull Terrier to be subject to Section One of the DDA: Just have a substantial number of characteristics of a 'type known as a Pit Bull Terrier ' .
The dog does not need to be aggressive to be deemed a 'Dangerous Dog'; Just have a substantial number of characteristics of a 'type known as a Pit Bull Terrier ' .
The dog does not need to have done anything wrong to be deemed illegal ; Just have a substantial number of characteristics of a 'type known as a Pit Bull Terrier ' .
Right of Seizure
If a dog is thought to look like a Pit Bull type it CAN (and often WILL) be seized.
If you are with the dog in a public place, police or officers authorised by a local authority (for example a Dog Warden) can seize your dog without warrant. Your dog may be on a lead and may or may not be muzzled. Your dog may be with the owner or someone else. Neither the dog nor the owner need to have done anything in order for an officer to seize the dog. The officer just needs to think your dog MAY be 'Of the Type'
If your dog is in your home (private property) officers need a warrant to search and seize (using such force as is resonably necessary) and sieze any dog or other thing which may be evidence of an offence.
If a justice of the peace is satisfied by information on oath that their are resonable grounds for believing that an offence has been or will be committed - a warrant may be issued and officers will then have a warrant before visting. Without a warrant you are within your rights to refuse entry. It must be pointed out however, that refusing entry will not stop your dog being taken. Officers will simply get a warrant and return. Whether you refuse entry or not is your choice.
Officers do NOT need to have proof your dog is ' Type' before they seize it. they just need to believe it could be. In some cases an appointed Breed I.D Expert will be in attendance to examine your dog and may deem your dog to NOT be 'Type' allowing your dog to remain at home with you. It is advisable to note the offiers name, collar number, time, date and any other useful information you can, should you be approached again at a later stage.
Whether your dog is seen by an appointed Expert or not, if the officer feels the dog may be of type, they can sieze your dog.
You do not need to be at home for an officer with a warrant to enter your home and seize any dog the believe to be of the 'Type'. A warrant gives them the right to force entry and sieze any dog even if you are not present.
Right To Order Destruction
The police or any other relevant authority CANNOT destroy your dog for being ' Type' without your consent or a court order. If you do not wish for your dog to be destroyed you do not have to give consent. Without your consent the relevant authority would need to make an application to the court for a destruction order. This will not automatically result in destruction and could result in your dog being placed on the Index of Exempt Dogs and allowed to return home.
When a Dog is Seized
Seek qualified legal assistance immediately.
Contact us for advice and support.
If your dog is seized it is normal for your to have very little information.
It is unlikely you will be told where your dog is being kept or be allowed to visit.
The authority dealing with your case will often only contact you if there is something to tell you regarding your case. this is possibly the hardest part for most dog owners missing out on their dogs day to day life.
Whilst in kennels, whoever has the responsibilty for your dog also has a duty of care towards them, to ensure they are kept safe and well. This means your dog should have adequate food, water, exercise and receive veterinary treatment if needed. If your dog needs worming, vaccination boosters or any other medication you must inform the relevant person/authority and they must ensure your dog recieves that treatment. It is wise to follow up any requests in writing and keep a record of any correspondence.
Once taken your dog will need to be seen by an appointed Breed I.D. expert who will examine the dog to see if it does, in his opinion, fall within the bracket of 'Pit Bull Type' It can take several weeks for an Expert to see your dog. During this time your dog will remain in kennels. If, after examination, the I.D expert deems your dog not to fulfill the characteristics of a Pit Bull Type, your dog will be returned to you without charge. you should not incur any costs.
If the I.D expert deems your dog to be ' Pit Bull Type' you will be contacted and informed of their findings. You may well be asked if you wish to consent to your dogs destruction. You do not have to do so. As before, without your consent or without a court order, your dog cannot be destroyed. If you do not give consent you will be taken to court and the court will decide whether or not your dog is of 'Type' . If found guilty the court can order registration or destruction.
Preparing For Court
Once a dog has been deemed 'Type' and the owner does not consent to destruction, an application must be made by the relevant authority to the courts. There are two *routes* open to the authorities to charge you under. Infomation on each can be found here:
Commonly referred to as the DDA, the law was introduced in August 1991. The Legislation is composed of different sections: Section One of the Dangerous Dogs Act applies to the following:
* Any dog of the type known as the Pit Bull Terrier
* The Dogo Argentino
* The Fila Brazilieros
* The Japanese Tosa
It is important to note the inclusion of the word 'Type' For adog to be deemed a ' Pit Bull type ' It must have a substantial number of characteristics of a Pit Bull Terrier but does not need ALL of them. This means that many crossbred or purebred dogs of other legal breeds may be deemed to be a 'Type known as the Pit Bull Terrier ' in a court of law.
Registered Dogs
When the Act became law in 1991, many dogs suddenly became a banned dog. Owners were allowed to keep their dog if the dog was registered and followed certain restrictions to avoid death. Registered dogs were recorded with a Government nominated agency called the Index of Exempt Dogs.
The law initially enabled owner led registration ( owner led meant the dog stayed with the owners during the registration process, there was no court involvement ) but a deadline was given; after which the Index was closed and no further dogs could be added to it. The Index was closed in March 1992.
Dogs entered onto the register had to be:
Neutered
Tattooed
ID Chipped
Insured
Kept on a lead and muzzled at ALL times in a public place (Later defined as also including inside your car)Failure to register within the time limit or follow the restrictions resulted in an automatic death sentence if found guilty by the courts.
Unregistered Dogs
Between 1991 and 1997 the courts had no discretion when sentencing under this law - but what does that mean?
It means that if a dog owner was prosecuted for owning an unregistered dog or a registered dog which had broken one of the rules, then the dog would be ordered to be destroyed by a court if found guilty - there wasny any other option avaliable. If an owner of an unregistered dog was taken to court and the dog found guilty of being 'of the type' the only option for the Judge or magistrate would be to order the dog to be destroyed. this led to many cases of innocent friendly pet dogs being given a death sentence.
In 1997 the law changed due to the introduction of the ;
Dangerous Dogs Act (Amendment 1997 )
In 1997 the Dangerous Dogs Act was amended to give the courts discretionary power when sentencing - What does this mean?
It means theat if a dog owner was to be prosecuted for owning an unregistered dog and found guilty by the court - the court can order the dog, if it is satisfied that the dog is of no danger to the public to be registered on the Index of Exempt Dogs as an alternative to being destroyed.
Dog owners are not able to themselves apply to register their dog onto the Index of Exempt Dogs - only a court can make an order for registration.
Section One of the Dangerous Dogs Act 2007
The law today stands exactly as it did in 1997; there have been no further changes. The law still confuses many people as they fail to believe a law based mainly on a dogs apperance can truly exist; but it does exist and it is the law.
Below is some general information on what is and isn't allowed in cases of dogs and their owners caught up in the legislation:
'Type' - The Dog Itself
The dog does not need to be an American Pit Bull Terrier to be subject to Section One of the DDA: Just have a substantial number of characteristics of a 'type known as a Pit Bull Terrier ' .
The dog does not need to be aggressive to be deemed a 'Dangerous Dog'; Just have a substantial number of characteristics of a 'type known as a Pit Bull Terrier ' .
The dog does not need to have done anything wrong to be deemed illegal ; Just have a substantial number of characteristics of a 'type known as a Pit Bull Terrier ' .
Right of Seizure
If a dog is thought to look like a Pit Bull type it CAN (and often WILL) be seized.
If you are with the dog in a public place, police or officers authorised by a local authority (for example a Dog Warden) can seize your dog without warrant. Your dog may be on a lead and may or may not be muzzled. Your dog may be with the owner or someone else. Neither the dog nor the owner need to have done anything in order for an officer to seize the dog. The officer just needs to think your dog MAY be 'Of the Type'
If your dog is in your home (private property) officers need a warrant to search and seize (using such force as is resonably necessary) and sieze any dog or other thing which may be evidence of an offence.
If a justice of the peace is satisfied by information on oath that their are resonable grounds for believing that an offence has been or will be committed - a warrant may be issued and officers will then have a warrant before visting. Without a warrant you are within your rights to refuse entry. It must be pointed out however, that refusing entry will not stop your dog being taken. Officers will simply get a warrant and return. Whether you refuse entry or not is your choice.
Officers do NOT need to have proof your dog is ' Type' before they seize it. they just need to believe it could be. In some cases an appointed Breed I.D Expert will be in attendance to examine your dog and may deem your dog to NOT be 'Type' allowing your dog to remain at home with you. It is advisable to note the offiers name, collar number, time, date and any other useful information you can, should you be approached again at a later stage.
Whether your dog is seen by an appointed Expert or not, if the officer feels the dog may be of type, they can sieze your dog.
You do not need to be at home for an officer with a warrant to enter your home and seize any dog the believe to be of the 'Type'. A warrant gives them the right to force entry and sieze any dog even if you are not present.
Right To Order Destruction
The police or any other relevant authority CANNOT destroy your dog for being ' Type' without your consent or a court order. If you do not wish for your dog to be destroyed you do not have to give consent. Without your consent the relevant authority would need to make an application to the court for a destruction order. This will not automatically result in destruction and could result in your dog being placed on the Index of Exempt Dogs and allowed to return home.
When a Dog is Seized
Seek qualified legal assistance immediately.
Contact us for advice and support.
If your dog is seized it is normal for your to have very little information.
It is unlikely you will be told where your dog is being kept or be allowed to visit.
The authority dealing with your case will often only contact you if there is something to tell you regarding your case. this is possibly the hardest part for most dog owners missing out on their dogs day to day life.
Whilst in kennels, whoever has the responsibilty for your dog also has a duty of care towards them, to ensure they are kept safe and well. This means your dog should have adequate food, water, exercise and receive veterinary treatment if needed. If your dog needs worming, vaccination boosters or any other medication you must inform the relevant person/authority and they must ensure your dog recieves that treatment. It is wise to follow up any requests in writing and keep a record of any correspondence.
Once taken your dog will need to be seen by an appointed Breed I.D. expert who will examine the dog to see if it does, in his opinion, fall within the bracket of 'Pit Bull Type' It can take several weeks for an Expert to see your dog. During this time your dog will remain in kennels. If, after examination, the I.D expert deems your dog not to fulfill the characteristics of a Pit Bull Type, your dog will be returned to you without charge. you should not incur any costs.
If the I.D expert deems your dog to be ' Pit Bull Type' you will be contacted and informed of their findings. You may well be asked if you wish to consent to your dogs destruction. You do not have to do so. As before, without your consent or without a court order, your dog cannot be destroyed. If you do not give consent you will be taken to court and the court will decide whether or not your dog is of 'Type' . If found guilty the court can order registration or destruction.
Preparing For Court
Once a dog has been deemed 'Type' and the owner does not consent to destruction, an application must be made by the relevant authority to the courts. There are two *routes* open to the authorities to charge you under. Infomation on each can be found here:
