Dangerous Dogs Act 1991
Encyclopedia
The Dangerous Dogs Act 1991 (c. 65) is an Act
of the Parliament of the United Kingdom
that was introduced in response to various incidents of serious injury or death resulting from attacks by aggressive and uncontrolled dogs, particularly on children. These incidents received heavy tabloid
attention, causing widespread public concern over the keeping of dangerous dogs and a resulting legislative response.
d and kept on a lead in public, they must be registered and insured, neutered, tattooed and receive microchip implants
. The Act also bans the breeding
, sale and exchange of these dogs, even if they are on the Index of Exempted Dogs.
Four types in particular were identified by the Act:
The Act also covers cross breeds of the above four types of dog. Dangerous dogs are classified by 'type', not by breed label. This means that whether a dog is prohibited under the Act will depend on a judgement about its physical characteristics, and whether they match the description of a prohibited 'type'. This assessment of the physical characteristics is made by a court.
The Act applies in England, Wales and Scotland, with The Dangerous Dogs (Northern Ireland) Order 1991 having a similar effect in Northern Ireland.
, which administers the registration of specially-controlled dogs in England and Wales.
In 1991 and 1992 details of all Specially Controlled Dogs and their owners and keepers had to be added to the Index of Exempted Dogs. From early 1992 to 1997 no dogs were allowed to be added to the Index. In 1997 The Dangerous Dogs (Amendment) Act 1997 was passed which made some changes. From 1997 any Court was able to order that a specific dog be added to the Index by the issue of a Court Order.
Under the 1991 Act as amended it remains illegal to own any of these dogs without specific exemption from a court. The dogs have to be muzzled and kept on a leash in public, they must be registered and insured, neutered, tattooed and receive microchip implants
.
(a pit bull terrier) who in 1995 was finally reprieved from a destruction order, to widespread media attention. The definition of the word "type" in the legislation was of particular controversy, as was the lack of discretion that the Act gives magistrates.
The Act is sometimes cited as an unfavourable example of such legislation, and in January 2007 was included in public responses to a BBC Radio 4
poll of unpopular UK legislation.
dogs which have been declared dangerous are required to wear a collar of red and yellow stripes; under the legislation of some municipalities of Queensland
, such dogs are seized and destroyed. In some local government areas restrictions are very carefully spelt out.
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the Parliament of the United Kingdom
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
that was introduced in response to various incidents of serious injury or death resulting from attacks by aggressive and uncontrolled dogs, particularly on children. These incidents received heavy tabloid
Tabloid journalism
Tabloid journalism tends to emphasize topics such as sensational crime stories, astrology, gossip columns about the personal lives of celebrities and sports stars, and junk food news...
attention, causing widespread public concern over the keeping of dangerous dogs and a resulting legislative response.
The effect of the Act
Under the 1991 Act (and as amended in 1997) it is illegal to own any Specially Controlled Dogs without specific exemption from a court. The dogs have to be muzzleMuzzle (device)
A muzzle is a device that is placed over the snout of an animal to keep it from biting or otherwise opening its mouth.An Elizabethan collar is a cone-shaped device placed around an animal's neck to prevent biting and sometimes referred to as a muzzle, though its function is more usually to prevent...
d and kept on a lead in public, they must be registered and insured, neutered, tattooed and receive microchip implants
Microchip implant (animal)
A microchip implant is an identifying integrated circuit placed under the skin of a dog, cat, horse, parrot or other animal. The chips are about the size of a large grain of rice and are based on a passive RFID technology....
. The Act also bans the breeding
Dog breeding
Dog breeding is the practice of mating selected specimens with the intent to maintain or produce specific qualities and characteristics.Dogs reproduce without human interference, so their offsprings' characteristics are determined by natural selection. Domestic dogs may be intentionally bred by...
, sale and exchange of these dogs, even if they are on the Index of Exempted Dogs.
Four types in particular were identified by the Act:
- Pit Bull Terrier
- Japanese TosaTosa (dog)The is a breed of dog of Japanese origin that is considered rare. It was originally bred in Tosa as a fighting dog and still is today.- Appearance :...
- Dogo Argentino
- Fila BrasileiroFila BrasileiroThe Fila Brasileiro is a large working breed of dog developed in Brazil.-Appearance and disqualifications:Official standard of the Fila Brasileiro, CAFIB.GENERAL APPEARANCE: A typical molosser dog...
The Act also covers cross breeds of the above four types of dog. Dangerous dogs are classified by 'type', not by breed label. This means that whether a dog is prohibited under the Act will depend on a judgement about its physical characteristics, and whether they match the description of a prohibited 'type'. This assessment of the physical characteristics is made by a court.
The Act applies in England, Wales and Scotland, with The Dangerous Dogs (Northern Ireland) Order 1991 having a similar effect in Northern Ireland.
The Index of Exempted Dogs
The Index of Exempted Dogs is maintained by the Animal Welfare section of the Department for Environment, Food and Rural AffairsDepartment for Environment, Food and Rural Affairs
The Department for Environment, Food and Rural Affairs is the government department responsible for environmental protection, food production and standards, agriculture, fisheries and rural communities in the United Kingdom...
, which administers the registration of specially-controlled dogs in England and Wales.
In 1991 and 1992 details of all Specially Controlled Dogs and their owners and keepers had to be added to the Index of Exempted Dogs. From early 1992 to 1997 no dogs were allowed to be added to the Index. In 1997 The Dangerous Dogs (Amendment) Act 1997 was passed which made some changes. From 1997 any Court was able to order that a specific dog be added to the Index by the issue of a Court Order.
Under the 1991 Act as amended it remains illegal to own any of these dogs without specific exemption from a court. The dogs have to be muzzled and kept on a leash in public, they must be registered and insured, neutered, tattooed and receive microchip implants
Microchip implant (animal)
A microchip implant is an identifying integrated circuit placed under the skin of a dog, cat, horse, parrot or other animal. The chips are about the size of a large grain of rice and are based on a passive RFID technology....
.
Case law
There have been several test cases of the Act, most famously DempseyDempsey (dog)
Dempsey was a female American Pit Bull Terrier who was the subject of a high-profile challenge to the British Dangerous Dogs Act 1991...
(a pit bull terrier) who in 1995 was finally reprieved from a destruction order, to widespread media attention. The definition of the word "type" in the legislation was of particular controversy, as was the lack of discretion that the Act gives magistrates.
Criticism of the Act
The Act has been described as a piece of rushed legislation which was an overreaction to a transient public mood.The Act is sometimes cited as an unfavourable example of such legislation, and in January 2007 was included in public responses to a BBC Radio 4
BBC Radio 4
BBC Radio 4 is a British domestic radio station, operated and owned by the BBC, that broadcasts a wide variety of spoken-word programmes, including news, drama, comedy, science and history. It replaced the BBC Home Service in 1967. The station controller is currently Gwyneth Williams, and the...
poll of unpopular UK legislation.
Comparable legislation elsewhere
Many other countries also have laws pertaining to dangerous dogs. These vary in severity. In some jurisdictions in AustraliaAustralia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
dogs which have been declared dangerous are required to wear a collar of red and yellow stripes; under the legislation of some municipalities of Queensland
Queensland
Queensland is a state of Australia, occupying the north-eastern section of the mainland continent. It is bordered by the Northern Territory, South Australia and New South Wales to the west, south-west and south respectively. To the east, Queensland is bordered by the Coral Sea and Pacific Ocean...
, such dogs are seized and destroyed. In some local government areas restrictions are very carefully spelt out.
See also
- Breed-specific legislationBreed-specific legislationBreed-specific legislation is a law or ordinance passed by a legislative body pertaining to a specific breed or breeds of domesticated animals. In practice, it generally refers to laws or ordinances pertaining to a specific dog breed or breeds....
- Dog attackDog attackDog attacks are attacks on humans by feral or domestic dogs. With the close association of dogs and humans in daily life , dog attacks—with injuries from very minor to significant, and severe to fatal—are not uncommon. Attacks on the serious end of the spectrum have become the focus of increasing...
- Dogs (Protection of Livestock) Act 1953Dogs (Protection of Livestock) Act 1953The Dogs Act of 1953 is a British Act devised to protect livestock from dogs. The Act outlines punishment of dog owners whose dogs worry livestock on agricultural land. Protected livestock is defined as cattle, sheep, goats, swine, horses and domestic poultry. Game birds are specifically excluded....
External links
- BBC Article on a dog attack - July 2005
- BBC Article on a dog attack - January 2007
- BBC Article "How do you fend off a dangerous dog?"
- BBC Article: Dangerous Dogs Act included in poll of unpopular laws
- Deed Not Breed UK Campaign fighting the addition of any new breed to the DDA.
- Stop Dog Attacks
- Rover's Law - Megan's Law for Bad Dogs
- Information, Education, Advice & Support for dog owners in the UK, against breed specific legislation.
- Independent Article On Dog Attack June 2010.