Advice from www.doglaw.co.uk concerning Pit Bull Terrier Type dogs

As a result of recent events, we have put together this brief summary of the law together with some practical advice.  It is not intended to be a complete review of the law relating to pit bull terriers and you should take legal advice on your specific circumstances. 

If you think you have an unregistered pit bull type dog, it cannot be voluntarily registered.  Owning an unregistered pit bull terrier type dog is unlawful and if you have such a dog you are committing a criminal offence. 

An option available to you is, of course, to have the dog destroyed.  We appreciate that in most cases this would be unacceptable to a pet owner.  If you do not want to have your dog destroyed:-

1.    Have a look at the DEFRA guidance on identification of unlawful dogs to see if your dog might fall under the definition of a pit bull type (via the links page on this site – see ‘DEFRA guidance on prohibited dogs’).  Alternatively, go to the Police (see 3 below)

2.   Take your dog to your vet to ask for an opinion of the dog’s type NB  Not all vets are sufficiently familiar with this complicated area of identification, so you may be referred to someone else.  (There are also some show judges, and others, who have expertise on this issue but we have suggested your vet as the first person to speak to for the sake of convenience).  Alternatively, go to the Police (see 3 below)

3.   Contact your local Police and ask them what they would like you to do.  If the Police believe that your dog is a pit bull type, there is a significant risk that your dog will be seized and will remain in a Police appointed kennel until the case is concluded. 

4.   The Police will have your dog examined by their experts and if they conclude that your dog is a pit bull terrier type, you will probably be prosecuted under Section 1 of the Dangerous Dogs Act 1991.  At Court, unless you can prove that your dog isn’t a pit bull terrier type dog you will be convicted.  Although the Act gives a maximum penalty of 6 months prison, we have never dealt with a case where an ‘ordinary’ dog owner has been sent to prison for this offence.  The most likely sentence is that you will be fined (or given a conditional discharge) and ordered to pay costs (which may include kennelling fees).  As to your dog, you will need to prove that it would not constitute a danger to public safety, and if you can, the Court may allow it to be registered (otherwise it must be destroyed).  You will have to pay for the registration fee, the insurance, the neutering, microchipping and insurance.  The dog will not be returned to you until all this is completed.  Please remember that once the dog is returned then other conditions must also be complied with (see below).

Frequently Asked Questions

Q.     What is a pit bull terrier type dog
A.      Section 1 of the Dangerous Dogs Act 1991 relates to dogs of the type known as the pit bull terrier.  The High Court has decided that for a dog to be a pit bull type, it must have a substantial number of the physical characteristics of a pit bull terrier.  These characteristics are listed in a number of places, and probably the most comprehensive (and that generally relied on by Courts) is the American Dog Breeders Association’s Basis of Conformation for the American Pit Bull Terrier.  This is a functional standard which describes the ideal, and so the dog does not have to conform in every detail to be regarded as a pit bull type.  DEFRA has produced guidance which summarises some of the main physical aspects of a pit bull terrier (see ‘DEFRA guidance on prohibited dogs’ which can be accessed via the links page on this site)Q.    But I have a dog with a nice temperament.  Surely this can’t be regarded as a pit bull type
A.     The High Court has ruled that the behaviour of a dog is relevant but not conclusive when determining whether a dog is a pit bull type

Q.    Surely there is a DNA test that can be used
A.     Not at present.  In any event, the legal test is predominantly on the basis of physical conformation so it isn’t just about the breeding but is about what the dog looks like.

Q.    Doesn’t the law just apply to pure bred pit bulls
A.    No.  Cross-breeds and mongrels could be regarded as pit bull types depending on their physical conformation.

Q.    How does the prosecution prove their case

A.     In Court the burden of proof is on the dog owner to prove that the dog isn’t  a pit bull type.  This reversal of the usual burden of proof has been challenged in the European Court, but has been found to be lawful.  It is therefore very difficult to successfully defend a case.  The evidence is likely to be given by experts.

Q.     Can a pit bull type dog ever be lawfully owned
A.     Owners were given a short period of time to have their dogs registered onto the Index of Exempted Dogs, but this form of voluntary registration ended in 1991. Since 1997 the law has been slightly relaxed, so that if an owner is prosecuted for possession of an unregistered pit bull type dog the Court may allow the dog to be registered (and all of the other conditions must be complied with) but only if the owner can prove that the dog would not constitute a danger to public safety.  If this cannot be proven then the Court must order that the dog be destroyed.

Q.      What are the conditions of owning a pit bull type apart from having the dog registered
A.       The dog has to be neutered, microchipped, tattooed and insured.  Also, no person shall:
Breed, or breed from, the dog
Sell or exchange the dog or offer, advertise or expose the dog for sale or exchange
Make or offer to make a gift of the dog or advertise or expose the dog as a gift
Allow the dog to be in a public place without being muzzled and kept on a lead
Abandon the dog or allow it to stray

Q.       What would happen if any of the conditions are breached after a dog has been registered
A.        It is a criminal offence and in addition to penalties for the Defendant there is a presumption that the dog shall be destroyed

Trevor Cooper,
Cooper & Co Solicitors,
The Byre,
Brook Street,
Ash, nr Canterbury,
Kent, CT3 2NP.
Regulated by the Law Society.
www.doglaw.co.uk

Date page created:

Categories:

Press Centre, Terrier Group 

This article has been read 32399 times.