Banned Breeds — Section 1
Section 1 prohibits the ownership, possession, sale, breeding, or giving away of dogs of four specified types: the Pit Bull Terrier, the Japanese Tosa, the Dogo Argentino, and the Fila Brasileiro. The prohibition extends to dogs with the characteristics of these types — mixed-breed dogs with the physical characteristics of a Pit Bull Terrier are regularly the subject of proceedings. Ownership of a section 1 dog is a criminal offence even where the dog has shown no aggression.
The Index of Exempted Dogs
A section 1 dog registered before the relevant deadline may appear on the Index of Exempted Dogs (IED). Dogs on the IED can lawfully be kept subject to strict conditions: the dog must be neutered, microchipped, and kept on a lead and muzzled in public. The owner must hold third party liability insurance. Breach of any condition is itself an offence.
| Offence | Maximum Sentence |
|---|---|
| Out of control — no injury | 6 months |
| Out of control — injury to person | 3 years |
| Out of control — serious injury | 5 years |
| Out of control — death of person | 14 years |
| Section 1 breed offence | Up to 2 years |
Dangerously Out of Control — Section 3
Section 3 makes it an offence for the owner or person in charge of a dog to allow it to be dangerously out of control. A dog is dangerously out of control where it injures any person, or where there are grounds for reasonable apprehension that it will do so. The 2014 amendments extended the offence to private property and to attacks on assistance dogs.
Destruction Orders
On conviction for a dangerous dog offence, the court may make orders in relation to the dog. In section 3 cases, the court has discretion. Expert evidence as to the dog's temperament can be critical. A contingent destruction order allows the dog to remain alive subject to conditions — typically neutering, microchipping, lead and muzzle requirements, and insurance.
What to Do if Your Dog Has Been Seized
If your dog has been seized or you are under investigation following a dog attack, contact a solicitor immediately. Do not make statements to the police or attend for interview without legal advice. Your account of your knowledge of the dog's behaviour and the steps you took to control it will be directly relevant to both liability and sentencing.