Dangerous Dogs

UK law bans dog owners from keeping some types of dogs entirely. In addition, it is a criminal offence to permit any dog, whatever its breed, to be dangerously out of control. Dangerous dogs’ law is a highly specialised, niche area that can see well-intentioned dog owners facing serious criminal prosecution for the actions of their beloved pets.

At DJMS, our expert criminal law solicitors, with their extensive experience in supporting clients facing criminal charges in relation to their dogs, are on hand 24/7 to provide the specialist legal representation you require.

What is classed as a dangerous dog?

It is illegal for any dog to be dangerously out of control, whether in a public or private place, including your home.

To be classed as ‘dangerously out of control’, a dog must make people fear that it will injure someone. Crucially, the dog need not actually cause injury for its owner to be guilty of a criminal offence – the mere fact that people thought it might be enough.

Your dog will also be classed as ‘dangerously out of control’ if it looks like it might injure an assistance dog. If your dog’s behaviour is directed towards another type of animal, it might be deemed dangerously out of control in some cases, particularly if the other animal’s owner feared injury when they stepped in to protect their pet.

Some types of dogs are specifically banned, meaning that it is automatically a criminal offence to own, sell, breed, give away, or abandon them in any circumstances. Crucially, whether your dog is banned depends on its physical characteristics as opposed to its breed. So, your dog could be banned for having the characteristics of a pit bull terrier even if it is not one.

At present, the dogs affected are those possessing the characteristics of the following breeds:

• Pit Bull Terriers
• Japanese Tosas
• Dogo Argentinos
• Fila Brasileiros
• XL Bully dogs

What is the sentence for dangerous dog convictions?

You can face an unlimited fine, six months imprisonment, or both for keeping a banned dog. In addition, your dog will be destroyed unless you can prove it is not a danger to the public.

For other breeds, the penalty for your dog being dangerously out of control depends on the individual circumstances.

If your dog didn’t cause actual injury, the maximum penalty is six months’ imprisonment, a fine, or both. Your dog may be put down, or the Court may specify measures you must follow to control it, such as keeping it on a lead. You may also be disqualified from keeping dogs in future.

If you allowed your dog to injure someone, you can be sent to prison for up to five years, fined, or both. If the victim was an assistance dog, such as a guide dog, you face up to three years in prison, a fine, or both. Your dog may be put down, and you might be disqualified from keeping dogs in the future.

Are there any defences to dangerous dog charges?

Yes, several possible defences are available to people charged with dangerous dog offences. For example, DJMS’ expert team might be able to defend you on the basis that you had left your dog with someone you believed to be capable of controlling it. If your dog attacked a trespasser who entered your home without permission, we might be able to rely on the ‘Householder Defence’. However, this defence does not apply if your dog attacked the trespasser in the garden, on the driveway, or in an outbuilding.

If your dog is seized for being a banned type, we may be able to defend the charges by proving that it does not possess enough of a breed’s characteristics to be classed as that particular type of dog. If we succeed, your dog will be returned to you.

How can DJMS Solicitors help?

Being prosecuted for dangerous dog offences can be frightening and distressing for the entire family. Not only do you face fines and imprisonment, but you must also deal with the fact that your pet might be put down. Our expert criminal lawyers are here to help. We have vast experience in defending dangerous dog charges, and we will go above and beyond to secure the most lenient penalty available and avoid your dog being destroyed where appropriate.

We will review your case to identify any facts that might give rise to a defence, such as a belief that you had left your dog in the care of someone you believed could control it. If your dog is not a danger to the public, we will work with the very best animal behaviourist experts to prove that it can live peacefully. Whatever your concerns and priorities, we will work tirelessly to secure the very best outcome for you and your dog.

Get in touch

Our specialist lawyers are available 24/7, every day of the year. For more information or if you require urgent advice and/or representation following allegations relating to dangerous dogs, please contact DJMS’ specialist team.