28/07/2026
Know your rights and your legal responsibilities under the dangerous dogs act.
The dangerous dogs act came in to place in 1991 and was amended in 1997. Prior to this legislation coming into place, there were no criminal offences available to enforcers directly to protect people from injury or fear of injury from a dog and I think for us it is vital to remember and understand the intention behind the legislation as there are going to be parts of the legislation that we may not fully agree with.
A DLO plays the biggest role. So, what is a DLO? A DLO is known as a Dog Legislation Officer. It is advisable that every police station have a trained DLO. If they do not, then there must be agreed services in place to allow them access to one. A DLO is a skilled and trained professional that has knowledge in all dog-related legislation as well as being able to identify prohibitive breeds. A DLO can in many cases resolve trivial issues and minor incidents by educating and giving advice to owners. If there is clear evidence of a serious offence, then a DLO is the best placed and suited as police officers often do not have the knowledge in or around dog-related legislation. A DLO's responsibilities are to be able to identify dogs that are alleged to be a prohibited breed, to oversee case management and to ensure the proceedings are brought expeditiously where dogs are held in kennels. DLOs should take responsibility and be consulted wherever practical prior to any dog been seized. To establish good working relationships with local authority officers, the RSPCA and local animal welfare organisations, a DLO is the only given authority that can identify a dog of being an alleged prohibited breed. A vet or a dog trainer cannot do this. only a dog legislation officer is able to do this.
The main acts of the Dangerous Dog Act as amended in 1997. Section 1 of the DDA is related to breed-specific legislation and under this act, it is illegal to own prohibitive breeds in England and Wales without an exemption from the court. And do not think that it is easy to just go and get an exemption either, as an exempted dog comes with plenty of restricted rules where many of them, if broken, can result in immediate destruction of the dog, such as an exempted dog cannot be rehomed or sold on and if the owner of an exempted dog cannot keep the dog any longer for whatever reason, then the dog is instructed to be destroyed.
So, what are the prohibitive breeds of dogs for England and Wales. These are Pitbull Terriers, Japanese Tosa, Dogo Argentino, and Fila Brasileiro. The act also bans the breeding, selling and exchanging of prohibited dogs too. The act also covers crossbreeds of any of the prohibitive breeds that was just mentioned. It will be down to a dog legislation officer to assess and type a dog as being a prohibitive breed. The assessment is done based on the physical characteristics of the dog as well as behavioural assessments to see if the dog is deemed safe and sound behaviourally. This can affect whether the dog can go through the exemption process under the pretence that it does not pose a risk to the public.
Section 2 relates to a dog not being under proper control and is dangerous. This can refer to a dog not being on a lead or muzzled. If an owner is found guilty of having a dangerous dog or a dog that was seen as not being under proper control, then the magistrates can order the destruction of the dog or for a control order to be issued. The control order will relate to the event which causes the case to be taken to court.
Under section 2 it is important to know that the police have no power to seize a dog pending the legal proceedings. Alongside the control order, often the owner will also need to pay the court costs too.
Section 3 of the Dangerous Dog Act is similar to section 2 in a way, but makes it a criminal offence for any dog to be dangerously out of control in a public place and the offence is deemed to have been committed by whoever is in charge of the dog at the time the offence took place and by the owner of the dog whether or not they were present when the offence is committed. Remember it states by whoever is in charge of the dog at the time of the offence and this could very well be you. It is a criminal offence if a dog makes someone reasonably fear injury. If this can be proven beyond a reasonable doubt, the dog will be considered to have been dangerously out of control under section 3 of the Dangerous Dog Act 1991. If the dog injures a person or an assistance dog is so out of control, then it will be regarded as an aggravated offence. The offence applies even if you are just looking after someone else's dog. For example, If a dog ran up to and jumped up at a group of people, and the people felt in fear of their lives, despite the dog not displaying any aggressive behaviours. It was said that the dog did bite onto a piece of clothing and the clothing was never torn and no marks were found on the person. The owner could be given a control order and the control order for the dog could be, for the dog to be kept on a lead at all times when out in public. The dog would not necessarily be ordered to be muzzled at all times when in public. You may have to pay the victim compensation too.
An injury can be seen as a bruise, a scratch, a scrape or even a bump. An injury does not have to be a bite or caused by the dog's teeth, it could be that a dog jumped up at someone in excitement and knocked them over or caught them with their claws. It could be the dog head-butting someone causing injury and yes an injury can also be from a dog that has bitten too. If the dog is said to have been owned by a person under the age of 16 or if you leave a dog with a person under the age of 16, the law deems it, that it is the head of the young person's household who is responsible. This is usually the child's parent or guardian.
Under section 3 a dog can be deemed dangerous even without causing injury too. Dangerously out of control is defined in law as any occasion on which there are grounds for reasonable apprehension that a dog will injure any person. If a person reasonably believes that the dog could injure them, then there could be grounds for prosecution. Depending on a number of factors, the prosecution can be a hefty fine of up to £5000, a ban on keeping dogs, a prison sentence, a compensation payout to the victim, a control order on the dog or even destruction of the dog. Control orders can be tailored to address the concerns of each individual case and most commonly include neutering the dog if not ready done so, muzzling the dog at all times in a public place, keeping the dog on a lead at all times in a public place, not allowing the dog to be in control of a person under the age of 16, this list is not an exhaustive list and the court may order additional measures too. I think the information is helpful for us to see and understand how proceedings can happen and under what pretence.
If you ever have a client or even if you find yourself in a situation where there has been an incident that relates to the Dangerous Dog Act, then it is imperative that you and/or your clients seek legal help as soon as you can and I would advise seeking advice before the police or a DLO turn up at your door so you and your client are prepared for what events may come. It is important that you seek advice from those who specialise in dog rules
