Offences under the Dangerous Dogs Act

Being arrested or charged for having a dog that is dangerously out of control, not kept under proper control or that is on the list of prohibited breeds, can be highly upsetting and confusing.

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If you believe your case is likely to have serious consequences for you now, or in the future and you have the means to pay for this service

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If your dog is considered to be from a prohibited breed or to be dangerously out of control, there is a strong likelihood that a court will make a Contingent Destruction Order (‘CDO’) to have the dog put down.

Our expert criminal defence team have many years of experience dealing with dangerous dog offences and can advise and represent you to help secure the best possible outcome for you and your dog. Any mistakes made during police interview can be very hard to rectify, so it is essential to have expert legal advice and representation from the outset.

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We respond quickly even during out of hours. We do not get our work by paying for online adverts but based on the fact that few criminal law firms can match our 45 years of experience. Most of our cases are still from word-of-mouth recommendations from satisfied clients. We are called daily by dissatisfied clients from firms with less experience than us. We respond very quickly to new enquiries. We know what clients seek and so we update clients rapidly.

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Yes, read about the recent cases we've helped our clients with here.

We always keep you updated and give straightforward advice. We will get cases dropped early where the case is weak or should not be prosecuted. We will be upfront with you about where you can benefit from a good result with an early guilty plea, such as a discount on your sentence. As we work on cases across all levels with clients from all walks of life, we are excellent at giving clear, spot-on advice. As an established firm, we can allocate a whole team to your case often at short notice to secure evidence to minimise the damage to you.

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OUR PROFESSIONAL BODY THE LAW SOCIETY AWARDED US IN OCTOBER 2020 WITH THE EXCELLENCE IN CLIENT SERVICE AWARD AND STATED -

"JD Spicer Zeb demonstrated a clear commitment to client service through their work with vulnerable and diverse individuals in what can be severely traumatic circumstances".

Do you offer free consultations?

Where it is possible, we aim to provide an initial consultation to you. If we can speak to you, we can if required inform you about –

Whether we can take the case on and our relevant experience.
Public and private funding benefits.
Assistance in applying for legal aid where we are likely to accept instructions.
An outline of options in police interview only. We will not advise you on which option to adopt.
Providing our free written guide explaining the police station process.
The gravity of routine and day-to-day offences you face.
Consequences of not attending the court or police station.
Consequences of interfering with any witnesses.
Retaining any evidence in support of your case.
If possible an outline of the elements of the offence that the police or CPS must prove.
This consultation will normally be by telephone or email and will only be for as long as we deem necessary to establish if we can act for you. If we cannot usefully give you any advice in this manner then we will not continue with the consultation. We will not discuss the case in depth for you to be able to decide on your plea or any significant aspect of the case, as this cannot be undertaken informally.
Referring you, if possible, to other firms for matters out of our specialism or if we cannot help.

Consultations do not apply to the following cases –

If we do not intend to take the case on.
Road Traffic cases, drink driving, drug driving, driving bans, speeding, no insurance, mobile phone use, points etc.
In all cases where we do not have the capacity to take your case or the availability of suitably qualified staff to provide an initial free consultation. This is applicable in all cases but especially where a more senior lawyer is required because of your personal needs or the complexity of the case.
Harassment/stalking/ coercive behaviour/malicious communications or road traffic cases and most sensitive cases. These cases are often too complicated to assess in short consultations.
The locations concerned may be too distant to represent you adequately or it may not be cost-effective for you or us.
The case is too complicated to assess or raises various charges or facts, complexity, or history to be considered informally or in a short consultation.
In most Legal aid transfers where legal aid is granted to another firm except in very grave cases, we may assess the case and merits for a transfer.
If your relationship has broken down with your existing solicitor or several solicitors.
If you have been released under investigation and have already had a police station attendance.
If you hold legal aid with another firm and seek a second opinion.
If you are calling on behalf of the client as a friend or family member unless you have full authority and full facts.
To businesses.
Advising whether you were given good advice by your other solicitor.
Whether to decide to plead guilty or not guilty.
Whether you have an arguable defence in law or factually complicated defences.
Any advice you have had after your first court appearance.
Any advice on appeal on conviction or sentence.
If we feel we are unable to communicate with you.
If we are likely to be conflicted or breach our professional rules.

Our criminal defence expertise

Having represented clients in all types of criminal proceedings for over 40 years, we have the expertise to secure the best possible outcome under even the most challenging circumstances. We can ensure all relevant factors are considered and that no possible angle of defence is overlooked.

Our team includes a number of accredited police station representatives, meaning we can offer 24-hour advice and representation for anyone arrested for an offence under the Dangerous Dogs Act.

We regularly represent clients in both the Magistrates’ Court and Crown Court and have established links with some of the country’s leading barristers. We have represented a number of clients at Willesden Magistrates’ Court in relation to dangerous dog offences, so we can provide the experience, expert representation you need.

We are accredited by the Law Society for Criminal Litigation and have also achieved Lexcel accreditation, reflecting the high standards of our legal practice.

Common questions about dangerous dog offences

What breeds are banned under the Dangerous Dogs Act 1991?

Four dog breeds are banned under the Act:

Pit Bull Terrier
Japanese Tosa
Dogo Argentino
Fila Brasileiro

It is against the law to own, breed, sell, give away or abandon any dog of these breeds (although it can sometimes be possible to obtain an exemption from the police if they believe your dog is not dangerous).

Whether your dog is considered one of the prohibited breeds depends on its appearance and the judgement of a police or council expert in dangerous dog breeds.

If you are accused of owning a dog from one of the prohibited breeds, it is your responsibility to prove that it is not of a banned type, rather than for the police or other authorities to prove that it is.

When is a dog considered ‘dangerously out of control’?

A dog may be considered dangerously out of control if it is alleged to have:

Injured someone
Made someone fear that it might injure them
Attacked another person’s dog or other animal
Made someone fear they might be injured in attempted to stop your dog from attacking their animal

This law applies to all types of dogs and covers public places, your home and any other private place, such as a friend’s or neighbour’s home.

What are the penalties for dangerous dog offences?

The Crown Prosecution Service’s sentencing guidelines for offences under the Dangerous Dogs Act 1991 are as follows:

Possession of a prohibited dog/ Breeding, selling, exchanging or advertising a prohibited dog – Up to 6 months’ custody and/or a community order or fine of 75-125% of your weekly income.

Owner or person in charge of a dog dangerously out of control in any place in England or Wales (whether or not a public place) – Up to 6 months’ custody and/or a community order or fine of 125-175% of your weekly income.

Owner or person in charge of a dog dangerously out of control in any place in England or Wales (whether or not a public place) where a person is injured – Up to 5 years’ custody and/or a community order or fine of 125-175% of your weekly income.

Owner or person in charge of a dog dangerously out of control in any place in England or Wales (whether or not a public place) where an assistance dog is injured or killed – Up to 3 years’ custody and/or a community order or fine of 75-125% of your weekly income.

Owner or person in charge of a dog dangerously out of control in any place in England or Wales (whether or not a public place) where death is caused – Up to 14 years’ custody.

If you are found guilty of any of these offences, you may also be disqualified from owning a dog for a period set by the court, you may be required to pay compensation to anyone injured by your dog and your dog could be ordered to be destroyed.

What will happen to a dog seized under the Dangerous Dogs Act?

If your dog is believed to be from a prohibited breed or to be dangerously out of control, the animal will normally be seized by the police.

If the dog is found by a police or council expert to be from one of the four banned breeds, or you are found guilty of having the dog dangerously out of control, a court is likely to make a Contingent Destruction Order (‘CDO’) to have the dog put down.

If the dog is of a prohibited breed but you can prove that the animal is not dangerous, you may potentially be granted an exemption by the police. This will result in your dog being added to the Index of Exempted Dogs (IED) and you being issued with a Certificate of Exemption.

If you are granted an exemption for your dog, the animal will need to be neutered, microchipped, kept in a secure place, and kept on a lead and muzzled when in public. You will also need to take out insurance and notify the IED if you move and when your dog dies.

What are my rights when arrested for a dangerous dog?

If you are arrested or charged in relation to an offence under the Dangerous Dogs Act 1991, knowing your rights can be essential to help you avoid unintentionally undermining your defence.

Key points to remember are:

At the time of your arrest, the arresting officer must tell you what specific offence you are being arrested for
You do not have to answer any questions you are asked
You should never answer police questions without a solicitor present

The police are required to caution you with the following words:

“You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.”

Following a police interview, you may be:

Charged with a specific offence
Released under investigation
Release with no further action

Contact our dangerous dog offences lawyers now

For urgent specialist advice, immediate representation or to speak to us confidentially about an offence under the Dangerous Dogs Act or any other criminal matter, please do not hesitate to get in touch.

You can contact a member of our dedicated team of criminal defence lawyers in London, Birmingham, and Manchester by telephone on:

Brent & Camden London Office: 020 7624 7771

Manchester Office: 0161 835 1638

Birmingham Office: 0121 614 3333

City of London: 0207 624 7771 – our senior Solicitors and Partners can meet by appointment in the City.

Or email: solicitors@jdspicer.co.uk

Alternatively, you can fill out our quick online enquiry form, and we will get back to you as soon as possible.

24/7 legal representation for dangerous dog offences

For immediate representation and advice, you can contact our Emergency Number: 07836 577 556, and we will provide you with the urgent assistance you need.

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