What Happens If a Dog Breed Is Banned in England?

What Happens If a Dog Breed Is Banned in England?

In England, owning or breeding certain types of dogs deemed dangerous is strictly regulated under the Dangerous Dogs Act 1991. This legislation bans specific dog breeds considered a threat to public safety. The most recent dog breed to be banned in England is the American XL Bully, with the ban taking effect on February 1, 2024. If a dog breed is banned, owning, breeding, selling, or giving away these dogs becomes illegal unless certain exemptions apply.

This article explains what happens if a dog breed is banned in England, the legal consequences of owning a banned breed, the process for applying for exemptions, and what happens if your dog is seized by authorities. We will also cover recent statistics related to dangerous dogs and discuss the impact of breed-specific legislation, including the recent XL Bully ban.

What Are Banned Dog Breeds in England?

The Dangerous Dogs Act 1991 originally banned four specific breeds of dogs:

1. Pit Bull Terrier
2. Japanese Tosa
3. Dogo Argentino
4. Fila Brasileiro

As of February 1, 2024, the American XL Bully has also been added to the list of banned breeds. This decision followed a series of high-profile dog attacks involving XL Bullies, contributing to public concerns about the breed’s danger to the public.

Additionally, as of December 31, 2023, it became illegal to have an American XL Bully in public without a muzzle and leash in both England and Wales. Restrictions now apply to activities such as:

• Breeding
• Selling
• Advertising
• Rehoming
• Abandoning
• Allowing straying

These restrictions are in place to prevent further proliferation of the breed and to protect public safety.

Legal Consequences of Owning a Banned Breed

If you are found to be in possession of a banned breed, there are severe legal consequences. The Dangerous Dogs Act 1991 makes it an offence to:

• Own a banned dog
• Breed a banned dog
• Sell or exchange a banned dog
• Give away or rehome a banned dog
• Abandon a banned dog

The penalties for owning a banned breed include:

1. Criminal Charges

Owning a banned breed is a criminal offence, and if convicted, you could face:

• Unlimited fines: The court may impose significant financial penalties.
• Imprisonment: You could be sentenced to up to 6 months in prison.
• Criminal record: A conviction will result in a criminal record, which may impact your employment or other aspects of your life.

2. Seizure and Destruction of the Dog

Authorities have the right to seize any dog suspected of being a banned breed. After seizure, the dog will be assessed to determine if it poses a risk. If the court deems the dog dangerous, it may be ordered to be humanely destroyed.

3. Ban from Owning Dogs

If convicted, the court may also prohibit you from owning dogs in the future.

The Index of Exempted Dogs (IED)

In certain cases, you may be able to keep a banned breed if it does not pose a danger to the public and is placed on the Index of Exempted Dogs (IED). To have a banned dog exempted, you must apply to the court and demonstrate that the dog is not a threat.

Conditions for Exemption

If your dog is exempted, you must meet specific requirements:

• Muzzling and leashing: The dog must be muzzled and kept on a lead in public at all times.
• Neutering: The dog must be neutered to prevent breeding.
• Microchipping: The dog must be microchipped for identification.
• Insurance: Special insurance is required to cover potential damages caused by the dog.
• Secure environment: The dog must be kept in a secure place to prevent it from escaping.

Failure to comply with these conditions can result in the dog being seized again and possibly destroyed.

Seizure of Banned Dogs

If your dog is suspected of being a banned breed, it can be seized by the police or local authorities, even if the dog has not acted aggressively. The process involves:

1. Seizure

If a dog is suspected of being a banned breed or causing public concern, authorities can seize the dog from public areas or private properties (with a warrant).

2. Assessment

The dog is assessed to determine if it fits the characteristics of a banned breed. This assessment focuses on physical appearance rather than behaviour.

3. Court Hearing

The owner must attend a court hearing, where the court will decide whether the dog should be exempted and placed on the Index of Exempted Dogs or destroyed.

4. Outcome

The court will either allow the dog to be placed on the Index of Exempted Dogs, permitting the owner to keep the dog under strict conditions, or order the dog’s destruction.

Recent Statistics on Banned Breeds and Dangerous Dog Incidents

The decision to ban the American XL Bully followed a significant increase in fatal dog attacks and concerns over the breed’s aggression. Here are some key statistics:

• American XL Bully Ban: As of February 1, 2024, the American XL Bully was added to the list of banned dog breeds in England.
• Public Safety Restrictions: From December 31, 2023, it became illegal to have an XL Bully in public without a muzzle and leash in England and Wales.
• Fatal Dog Attacks: Between 2021 and 2023, nearly 50% of fatal dog attacks in the UK were caused by American XL Bullies.
• Dog Attack Fatalities: In 2022, there were 10 fatalities from dog attacks in England and Wales, a significant increase from the annual average of 3 fatalities in previous years.
• Dog Seizures: The number of dogs detained under the Dangerous Dogs Act has increased by more than 50% since July 2021.
• Dog Destruction: Since July 2021, the number of dogs destroyed under the Dangerous Dogs Act has risen by 30%.
• Dog Bites: Despite breed-specific legislation, dog bites increased by 154% between 1999 and 2019 in the UK (from 3,454 to 8,775 reported incidents).
• Public Opinion on Breed-Specific Laws: A 2010 DEFRA survey revealed that 88% of respondents (out of 2,850) believed that breed-specific legislation was not effective in protecting the public from dangerous dogs.

These statistics highlight the growing concern over dangerous dog breeds and the limitations of current breed-specific legislation in addressing the issue.

Legal Defences for Owners of Banned Breeds

If your dog is seized under suspicion of being a banned breed, you may have legal defences available, including:

• Disputing the breed classification: You may argue that your dog does not meet the physical characteristics of a banned breed.
• Demonstrating the dog is not dangerous: Evidence, such as expert testimony or behavioural assessments, may show that your dog poses no risk to the public.
• Challenging the seizure: If the dog was unlawfully seized, you may challenge the legality of the process.

How to Avoid Owning a Banned Breed

To avoid the legal risks associated with owning a banned breed, it’s essential to:

1. Research Breeds Thoroughly: Make sure you understand the banned breeds and their physical characteristics.
2. Adopt from Reputable Sources: Only adopt from licensed breeders or rescue centres that can verify the dog’s breed.
3. Consult a Veterinarian: If you are uncertain about the breed of a dog, seek advice from a professional veterinarian.

Conclusion: The Consequences of Owning a Banned Dog Breed in England

The banning of the American XL Bully in England reflects growing concerns over the safety of certain dog breeds. Alongside the pre-existing bans on the Pit Bull Terrier, Japanese Tosa, Dogo Argentino, and Fila Brasileiro, this new ban highlights the government’s commitment to reducing dog-related fatalities and injuries.

The legal consequences of owning a banned breed are severe, including fines, imprisonment, and the potential destruction of the dog. However, the Index of Exempted Dogs provides an opportunity for responsible owners to keep their dogs under strict conditions. Recent statistics reveal a significant increase in dog-related incidents, underscoring the importance of public awareness and adherence to breed-specific laws in maintaining public safety.

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