The Dangerous Dogs Act was introduced in 1991 as a safety measure in response to a rising number of dog attacks that had occurred in the United Kingdom that same year.
The last major piece of legislation dealing with dangerous dogs had been passed 1871 (which allowed for dangerous dogs to be seized and destroyed), and this new Act was an attempt to strengthen the laws to add further protections. In particular, it introduced a ban on certain breeds.
The 1991 Act has been heavily criticised since its passage, and even following the significant amendments that were made to it in 1997. Specifically, the Act is seen as having been an overreaction to the events of 1991, and therefore as having been drafted hurriedly and without proper consideration. Animal groups have long held the opinion that specific breeds cannot be assessed as being intrinsically or inherently dangerous, and therefore that blanket bans are fundamentally unsuitable.
There have been recent calls for a wholesale review of the laws concerning dogs, and for a new Act to be passed with greater clarity and based on recent research, and in particular by providing Courts with greater discretion on determining whether a dog is in fact dangerous.
Fixed Penalty Notices - Background
Fixed penalty notices are a relatively modern introduction to our legal system (first used in the 1980s) which allows for relevant authorities and individuals to issue set fines to an individual suspected of having committed an offence.
They were originally designed as a way to deal summarily with road traffic offences without having to involve the court system. Since then, fixed notice penalties have been introduced for a variety of offences, including those relating to “dangerous dogs”.
Fixed Penalty Notices - Dangerous Dogs
The power to issue fixed penalty notices in relation to the Dangerous Dogs Act 1991 is provided for under section 2 of the Animals (Penalty Notices) Act 2022.
Under this section, police constables may issue fixed penalty notices to any person who they believe, beyond reasonable doubt, has committed a relevant offence under the Dangerous Dogs Act (see below).
A fixed penalty notice is a document requiring a person to pay a fine (or fixed penalty) of no more than £5,000.00 for committing the offence. It is therefore effectively an admission of having committed the offence. However, by paying a fixed penalty, a person then becomes immune from actually being prosecuted and convicted of the offence in the Magistrates’ Court. It is, therefore, an alternative method to prosecution.
The Offences
The relevant offences under the Dangerous Dogs Act for which a fixed penalty notice may be issued by a police constable are as follows:
Offences relating to dogs of a banned breed under section 1 of the Act, including:
Possessing or owning any dog of a banned breed (unless the owner has a Certificate of Exemption)
Breeding or breeding from such dogs
Selling or advertising the sale of such dogs
Offering or gifting such dogs
Having such a dog in public when not muzzled and kept on a lead
Abandoning any such dog
Having an Out-of-Control Dog – where a person has control over a dog (whether or not that person is the owner) and the dog is dangerously out of control (including, but not limited to, where the dog consequently injures any person) – Section 3
Illegally Possessing a Dog when Banned – where a person is in possession of a dog when that person has been disqualified by an Order of the Court from having custody of any dog – Section 4(8)(a)
Failing to Surrender a Dog – where a person has been ordered by the Court to surrender a dog and then fails to comply with that Order to surrender the dog – Section 4(8)(b)
The Banned Breeds
The list of dog breeds that are banned for the purposes of the Dangerous Dogs Act can be updated at any time by Parliament. Currently, the breeds are:
Pit Bull Terrier
Japanese Tosa
Dogo Argentino
Fila Brasileiro
Prosecution
Where a person has been issued with a fixed penalty notice and that person fails to pay the required amount within the prescribed time limit (or, in certain cases, at least 50% of the fine within 14 days), criminal proceedings can be brought against the individual for the original offence in the Magistrates’ Court as normal.
Additionally, a police constable (either the one who issued the notice or any other constable in the same police force) may at any time withdraw the fixed penalty notice before it has been paid and institute criminal proceedings instead if the alleged offence meets the relevant criteria for a prosecution.
Where an individual has been prosecuted and convicted, the maximum sentences for each of the above offences are:
Offences* relating to dogs of a banned breed – six months’ imprisonment, or an unlimited fine, or both
Having an out-of-control dog:
Where no injury is caused to another – six months’ imprisonment, or an unlimited fine, or both
Where injury is caused to another – five years’ imprisonment (upon conviction in the Crown Court)
Where death is caused to another – 14 years’ imprisonment (upon conviction in the Crown Court)
Illegally possessing a dog when banned – an unlimited fine
Failing to surrender a dog – an unlimited fine
*Advertising the sale of a banned breed may carry a maximum sentence of an unlimited fine only (i.e. a defendant would not be liable to a term of imprisonment) where the defendant can prove that he issued the advertisement under the direction of another.
Having an out of control dog
If an offence has been suspected, the owner of the dog may be invited to attend a police interview. It is important, in these circumstance, to gather together as much information as possible on the dog, including its temperament, evidence of training, character references, active steps taken by the owner to mitigate any issues with other dogs or behaviour that may be considered to be ‘out of control’.
We have carried out a number of these interviews and evidence in these terms has always provided to be invaluable. Expert evidence may also be appropriate but will depend on the circumstances, which we can advise on.
Legal disclaimer: Articles are intended as an introduction to the topic and do not constitute legal advice. The information contained herein is accurate at the date of publication but please note that the law is ever changing and evolving. If you require advice in relation to any matter raised in this article please contact a member of the team.