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Breed Specific Legislation
and the Dangerous Dog Act
What is Breed Specific Legislation
Breed Specific Legislation (BSL) literally means laws which only apply to a section of the canine population.
These laws usually place restrictions on breeds or types. Restrictions may take many forms, though typically include mandatory muzzling and on-lead only exercise in a public places, enforced registration on indexes, breed-specific bans and substantial licensing fees. Across Europe, the breeds targeted vary greatly, currently encompassing much of the canine spectrum from Corgis to GSDs, Staffordshire Bull Terriers to Border Collies.
In the mainland Great Britain, four breeds are currently subject to BSL under the Dangerous Dogs Act (DDA):
The Japanese Tosa
The Pit Bull Terrier
The Dogo Argentino
Fila Braziliero
We must, however, also be aware that 'types' of these dogs are also affected. This means that your dog doesn't have to be a Pit Bull or Tosa to be subject to the DDA: it simply has display physical and behavioural characteristics similar to those displayed in breeds covered by the act.
Read a leaflet put together by DEFRA describing the banned breeds and their 'types' (this can be found below). The addition of the word 'type' complicates classification, because the guidelines are based predominantly on appearance and are open to misinterpretation, whether deliberate or accidental. According to these guidelines, a labrador could be described as 90% pit bull due to the broadly described physical categories - and no guidelines are offered to help officials decide whether behaviour is synonymous with a breed or type. These guidelines - and the room they leave for interpretation - is a real cause for concern in the climate of fear and paranoia, as under British law it is an offence to own, keep, gift, breed from or sell any of the dogs mentioned above.
However, the 1991 Act was amended by the Dangerous Dogs (Amendment) Act of 1997. This amendment has been widely welcomed, as it acknowledges the fact that not all dogs who are deemed to be of a 'type' mentioned in the Act pose a threat to the public, and as such need not always be put to sleep. We cannot over-emphisise the importance of this amendment: it states that no dog need be destroyed if the court is satisfied that it constitutes no danger to public safety. Instead, once the court is satisfied of their suitable temperament and their owner's commitment to responsible care, dogs may be registered on the Index of Exempted Dogs, microchipped, neutered and returned to their owner's care.
After the introduction of the DDA, many owners applied to add their dogs to the Index of Exemption. In the years that followed, not a single one injured another animal or person. However, in the years following the DDA, the rate of incidents and deaths involving dogs have not decreased: a clear indication that BSL isn't working, and that it's time for a different approach.
segment taken from Deed Not Breed web site.
Please visit Deed Not Breed and sign their petition. (see my links page)
This is the only way forward for our four legged friends. They cannot speak so YOU speak for them. I cannot imagine my world without my Presa's
Dangerous Dog Act
Section 1 of the Dangerous Dogs Act 1991 prohibits four types of dog:
the Pit Bull Terrier
the Japanese tosa
the Dogo Argentino
the Fila Brasileiro
It is an offence to own or keep any of the above types of dog, unless it is on the Index of Exempted Dogs and is in compliance with the requirements. In any event it is an offence to breed from, sell or exchange (even as a gift) such a dog, irrespective of whether it has been placed on the Index of Exempted Dogs. Page 3 of Annex A provides further details about the Index.
It is important to note that, in the UK, dangerous dogs are classified by “type”, not by breed label. This means that whether a dog is considered dangerous, and therefore prohibited, will depend on a judgment 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. A leaflet providing guidance on the physical characteristics that a court would consider in reaching its judgement can be found below.
The 1991 Act was amended by the Dangerous Dogs (Amendment) Act 1997. The 1997 Act removed the mandatory destruction order provisions of the 1991 Act by giving the courts discretion on sentencing, and re-opened the Index of Exempted Dogs for those prohibited dogs which the courts consider would not pose a risk to the public. Only courts can direct that a dog can be placed on the list of exempted dogs.
Section 3 of the 1991 Act created a new offence of being an owner of a dog of any type or breed which is dangerously out of control in a public place or a non-public place in which it is not permitted to be.
Information on Wolf-dog hybrids can be found on the Wildlife and Countryside pages of the Defra website.
Section taken from DEFRA website (see my links page)
