Types of dogs prohibited in Great Britain and the circumstances
The DDA bans ownership, breeding, sale and exchange and advertising for sale of specified types of fighting dogs.
The dogs covered by the ban (under section 1 of the DDA) are of the type known as:
- Pit Bull Terrier
- Japanese Tosa
- Dogo Argentino
- Fila Braziliero
Other types of dogs can be added to the list by means of an order (Statutory Instrument) by direction of the Secretary of State. The maximum penalty for illegal possession of a prohibited dog is a fine of £5,000 and/or 6 months’ imprisonment. The dog may also be destroyed, though the courts have discretion (under the Dangerous Dogs (Amendment) Act 1997) to grant exemptions for seized dogs if in their view it would not compromise public safety (Note – exemptions – to be placed on the Index of Exempted Dogs – can only be granted by the courts, and only after dogs have been seized because offences have been committed).
Exemptions
Immediately before the DDA came into force, owners of the dogs concerned could claim exemption from its banning provisions. This required entry of their dogs’ details onto a central index (the Index of Exempted Dogs) and the issue of certificates of exemption. Exemptions were only granted if stringent conditions were met. Exempted dogs have to be neutered, tattooed, and microchipped, and have to be on a lead and muzzled when in a public place. Owners have to maintain insurance against their dogs injuring third parties. The DDA was amended in 1997 and one of the effects was to lift the mandatory
destruction orders that courts applied to dogs found to be of those types prescribed under section 1. It is now possible for prohibited dogs to be added to the Index but only at the direction of a court and only if the necessary conditions are met (tattooing, microchipping, etc). No owner may “apply” to have their dog added to the Index – it is entirely a matter for the courts to decide whether a dog can be added to the Index.
Other dogs that may be affected
It is important to note the word “type”, as none of the prohibited dogs are recognised breeds in Great Britain. The terms of section 1 of the DDA make it clear that it applies not only to “pure” Pit Bull Terriers but also to any dog of the type known as the Pit Bull Terrier. Whether section 1 of the DDA applies to any particular cross will depend on whether the resulting dog is of the prohibited type – that is to say, whether it has the physical and behavioural characteristics of the prohibited type. Remember that the characteristics are essential in deciding whether or not the dog is prohibited. Not all Pit Bull Terriers will be described as a Pit Bull Terrier by their owner. Some owners may deliberately misrepresent the breed of their dog using terms such as American Staffordshire Terriers (Am Staffs or ASTs), American Bulldogs and the Presa Canaria. Other names used to describe the Pit Bull Terrier types may be Irish Staffordshire Bull Terriers (not to be confused with a Staffordshire Bull Terrier bred in Ireland), Old Fashioned Staffords or Traditional Staffords. There are likely to be other names being
used by people breeding fighting dogs. If a person arriving in this country produces paperwork that purports to prove that the dog is not a prohibited type it is necessary for the authorities to be cautious.
Paperwork accompanying the dog should be detailed and comprehensive. Owners should be aware that if the dog displays the defining characteristics that are represented in the prohibited types the dog could be seized and its fate decided by the courts irrespective of the paperwork. It is therefore necessary to be very cautious when buying a dog that is not Kennel Club registered particularly if you are considering bringing a dog to this country from overseas.
If there is any doubt as to whether the dog in question could be considered to be of the prohibited type, the advice is NOT to bring it into this country.
HUDDS K9 DO NOT ALLOW ANY DOG THAT IS BANNED UNDER THE DDA IN TO TRAINING CLASSES.
