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Saturday, 21 November 2009

Dogs that are banned in the UK

Fila Braziliero

Any dog can be a danger to the public, but certain types of dogs are banned in the UK. If you own an unregistered banned dog you are committing a criminal offence.

Banned dogs

There are four types of dogs that are banned in the UK, the:

  • Pit Bull Terrier
  • Japanese Tosa
  • Dogo Argentino
  • Fila Braziliero

None of these dogs are recognised by the government as breeds in the UK. It is illegal to breed from, sell, abandon or give away a banned dog.

The legislation that covers banned dogs is section 1 and section 4b of the Dangerous Dogs Act 1991. The Act also covers dangerous dogs of any breed.

What is a ‘type’ of banned dog?

Whether your dog is a banned type depends on what your dog actually looks like, rather than the breed or name by which it is called.

If your dog matches many of the characteristics of a Pit Bull Terrier, it may be treated as a banned type, no matter what type or breed its parents were. (Cross-bred and mongrel dogs can have the characteristics of a Pit Bull Terrier.)

Pit Bull type dogs

Pit Bull types can be called:

  • American Staffordshire Terriers
  • Irish Staffordshire Terriers
  • Irish Blue or Red Nose

Some kinds of American Bulldogs have been found to be Pit Bull types.

Staffordshire Bull Terriers

Staffordshire Bull Terriers are not listed in the Dangerous Dogs Act 1991. You are allowed to own this breed of dog. 

Knowing what type of dog you have

If you are not sure what type of dog you have, you should contact the police.

What can happen to your dog

The police, or local council dog warden, can seize (capture and keep) your dog. A member of the public can also report your dog to the police. Your dog does not need to be acting dangerously or be out of control.

If your dog:

  • is in a public place, the police do not need a warrant (permission from a court) to seize it
  • is in a private place (like your home), the police must get a warrant to enter and seize your dog
  • is in a private place and the police have a warrant for something else (for example drugs search), they can seize your dog

Once seized, your dog will be kept in police kennels - this could be for several weeks or months. You will not be allowed to visit your dog.

Judging whether your dog is a banned type

A police dog expert, or an expert used by the council, will make an assessment of the physical characteristics of your dog. They will judge the type of dog you have and whether it appears to be, or could be, a danger to the public. Following the assessment, your dog will either:

  • be released
  • be kept in kennels while the police (or council) apply to a court

You can give up ownership of your dog but you cannot be forced to. If you do, your dog could be destroyed without you even going to court.

Going to court

It is your responsibility to prove that your dog is not a banned type - which the court may accept. If you cannot prove it is not a banned type of dog (or you plead guilty), you will be convicted of a criminal offence and receive a criminal record. You may be eligible for legal aid.

The maximum penalty for illegal possession of a banned dog is a fine of £5,000 and/or six months' imprisonment.

The court will either:

  • grant an order to return the dog to you if you prove it is not a type of banned dog
  • order that your dog is destroyed if it's judged to be a type of banned dog
  • grant an exemption if it thinks your dog is not a danger to the public and put it onto the government's Index of Exempted Dogs

Index of Exempted Dogs

Your dog can only be added to the Index of Exempted Dogs (IED) following a court order - you cannot ask for your dog to be put on the register. You will find out how to get a 'Certificate of Exemption' for your dog following any court order.

Conditions of being on the IED

If your dog is put on the list it will have to be:

  • neutered
  • tattooed
  • microchipped
  • kept on a lead and muzzled at all times when in a public place
  • kept in a secure place so it can't escape
  • insured against injuring third parties

You will have to pay for this.

As the owner you must:

  • take out insurance against your dog injuring other people
  • be over the age of 16 to own or be in charge of the dog
  • show the Certificate of Exemption when asked by a police officer or local council warden, either at the time or within five days
  • let the IED know if you permanently change address, or if your dog dies

The Certificate of Exemption is valid for the life of the dog - as long as the above conditions are met.

Travelling and other countries

To find out what types of dog are banned in other countries, contact the Embassy (based in the UK) of the relevant country.

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