Breed Specific Legislation:
XL Bully Type - Advice and Information
Statutory Instrument 2024 No.33 - 12th Janaury 2024: Rescue and rehoming organisations - can apply for a certificate of exemption for any XL Bully type dog in their care, which was not rehomed by 31st December 2023. The dog must have been taken into the organisation’s care on or before 30 December 2023. The organisation must be established – carrying out rescue and rehoming activities on or before 31st October 2023 to apply. The application deadline has been extended to 22nd January 2024 – DEFRA needs to have RECEIVED the application by then – please check the criteria on the DEFRA website:
30/12/23 - XL Bully News - URGENT UPDATE from Carla Lane Animals in Need Liverpool: Late last night a High Court Judge ordered the following: Note that this is a temporary injunction but nevertheless it gives breathing space for now. On 19 December DEFRA updated the guidance in relation to the XL bully ban, to include a restriction on rescues to the effect that any dogs who came into a rescue after 31 October 2023 would not be eligible for an exemption application via a rescue who wished to keep that dog instead of euthanizing where they were not rehomed. The law has not been changed but we have been granted some further time for this specific issue to be considered fully by the Court, which means that dogs placed in rescues after 31 October are safe from destruction or seizure FOR NOW. There are various other serious and important matters to be heard by the Court in the near future, but for present purposes this ruling means that rescues now DO NOT AT THE MOMENT PENDING A FURTHER COURT DECISION have to destroy dogs who came into their care after 31 October 2023 on the grounds that it would not be possible for a rescue to apply for exemption of those dogs. We know that some rescues were sadly planning to do so today and whilst we do not yet have any detailed solution, we now have the benefit of some further time for the matter to be considered by the Court. It is recommended that if rescues do have dogs who they wish to exempt who were already in their care prior to 31 October, they begin making those applications - the current window for rescues to apply to exempt those dogs is open from 31st December.
The Dangerous Dogs Act 1991 (DDA):The DDA was introduced in August 1991 and has has been amended several times over the years. Prior to the addition of the XL Bully type dog, commencing on 31st December 2023, Section One of the Dangerous Dogs Act 1991 applied to the following four 'types' of dog: Any dog of the type known as:
It is illegal for any for anyone to breed, sell, exchange advertise or expose for sale, make or offer such a dog as a gift, allow such a dog in public without a lead and muzzle, abandon, or be in possession (unless exempted) of a dog as named above. Once an allegation has been made the owner of any dog may be interviewed and charged - in this situation it is strongly recommended that you take legal advice and have a solicitor with you at all times when being interviewed. Under Section One of the DDA a dog becomes a pit bull type if it has a substantial number of the characteristics of an American Pit Bull Terrier as described in the 1977 ADBA breed standard, due to case law. 'Substantial' in not defined in the law so it can vary from case to case - the court decides after hearing the evidence before it. The ADBA standard sets out 100 points to consider when looking at the perfect APBT. Out of those 100 points only 10 points can be given in respect of the dogs attitude/behaviour; behaviour is relevant but not conclusive. Type is determined regardless to the dogs parentage - two legal breeds can produce a dog deemed an illegal 'type, one brother can be an illegal 'type' it's sister not 'type', two 'type' dogs can produce non 'type' offspring and vice versa. Dog owners are not able to themselves apply to register their dog onto the Index of Exempt Dogs, as this remained closed - only a court can make an order for registration. If your dog has been deemed a banned 'type' of dog (most frequently a pit bull type) your case can proceed to court via two routes -
If your case proceeds to court via a section one criminal charge you can apply for legal aid - speak to your solicitor about this, your legal aid may fund your legal representation and defence e.g. an independent expert on 'type' and/or behaviour. There is an appeal procedure if necessary. DDA - Section 4B: Section 4-b of the DDA (Amendment) Act 1997 refers to 'destruction order otherwise than on conviction' in relation to a prohibited type of dog. This section can be used as alternative route to using section 1 (criminal proceedings). The relevant authority may apply directly to the court for a destruction order or a contingent destruction order where it appears that no person has been, or is to be, prosecuted of an offence, either because the owner cannot be found or for some other reason (the owner is not prosecuted). Your case will first be heard at the magistrates' court. There is also an appeal process from here if needed. Legal aid is not available under this section and if you require a solicitor to represent you, you would need to fund the cost, you can organise your own independent expert assessment for 'type' and behaviour, for the court hearing, this would also need to be funded if your decided to instruct someone. The dog owner will not receive a criminal record under this section, if found guilty of being in possession of a banned type of dog subject to section one of the Act. Dangerous Dogs (Amendment) Act 1997: Between 1991 and 1997 the courts had no discretion when sentencing under this law. If a dog owner was prosecuted for owning an unregistered dog or a registered dog which had broken one of the rules, then the dog would be ordered to be destroyed by a court if found guilty - there wasn’t any other option available. In 1997 the Dangerous Dogs Act was amended to give the courts discretionary power when sentencing - mandatory destruction was removed. If a case proceeds to court, the court can issue a contingent destruction order (CDO) as an alternative to a destruction order; this requires that the dog is registered onto the Index of Exempted Dogs, run by DEFRA, within two calendar months, as an alternative to being destroyed. If your dog is seized: Do not sign anything unless you absolutely are sure what it relates to and fully understand it. You do not have to sign over ownership of your dog, regardless to what you may be told. Seek qualified legal assistance immediately. Contact us for advice and support as soon as possible.
DDA Watch Ltd is a not-for-profit company, registered in England & Wales, registration number 7393352. Care has been taken to ensure that our information is correct. The information and advice given by DDA Watch is for general purposes and is intended for guidance only, it does not constitute legal advice. The information and opinions expressed should not be relied on or used as a substitute for legal advice, if you require details concerning your rights, legal advice or find yourself affected by legislation it is recommended that you seek professional legal advice. Information given is for England and Wales only. Legislation in Scotland and N.Ireland may differ. |
