Dangerous dogs

Dear resident

Controlling your dog in public

1. Overview

It’s against the law to let a dog be dangerously out of control anywhere, such as:

The law applies to all dogs.

You can report a dog that’s out of control.

Some types of dogs are banned.

XL Bully dogs are now banned in England and Wales. Check what to do if you own an XL Bully dog.

Out of control

Your dog is considered dangerously out of control if it:

A court could also decide that your dog is dangerously out of control if either of the following apply:

Penalties

You can get an unlimited fine or be sent to prison for up to 6 months (or both) if your dog is dangerously out of control. You may not be allowed to own a dog in the future and your dog may be destroyed.

If you let your dog injure someone you can be sent to prison for up to 5 years or fined (or both). If you deliberately use your dog to injure someone you could be charged with ‘malicious wounding’.

If you allow your dog to kill someone you can be sent to prison for up to 14 years or get an unlimited fine (or both).

If you allow your dog to injure an assistance dog (for example a guide dog) you can be sent to prison for up to 3 years or fined (or both).

2. Banned dogs

In the UK, it’s against the law to own certain types of dog.

These are the:

XL Bully dogs are banned in England and Wales.

It’s against the law to:

Whether your dog is a banned type depends on what it looks like, rather than its breed or name.

For example, if your dog matches many of the characteristics of a Pit Bull Terrier, it may be a banned type.

If you have a banned dog

If you have a banned dog, the police or local council dog warden can take it away and keep it, even if:

The police may need permission from a court to do this.

If your dog is in:

A police or council dog expert will judge what type of dog you have and whether it is (or could be) a danger to the public. Your dog will then either be:

You’re not allowed to visit your dog while you wait for the court decision.

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.

If you have a valid Certificate of Exemption for your dog and it’s not been acting dangerously, you may be able to keep it.

You cannot apply for a Certificate of Exemption. You’ll only have one if a court gave you one or you applied for one in the past.

XL Bully dogs in England and Wales

You cannot own an XL Bully dog in England and Wales unless your dog has a valid Certificate of Exemption.

Check what to do if you own an XL Bully dog.

Going to court

It’s your responsibility to prove your dog is not a banned type.

If you prove this, the court will order the dog to be returned to you. If you cannot prove it (or you plead guilty), you’ll be convicted of a crime.

You can get an unlimited fine or be sent to prison for up to 6 months (or both) for having a banned dog against the law. Your dog will also be destroyed.

If your dog is banned but the court thinks it’s not a danger to the public, the court may put your dog on the Index of Exempt dogs and let you keep it.

You’ll be given a Certificate of Exemption. 

If you have a Certificate of Exemption for your banned dog

A Certificate of Exemption lets you keep a banned dog as long as it does not behave dangerously, and you follow certain rules. It is valid for the life of the dog.

Your dogs must be:

As the owner, you must:

You can report a dog that’s out of control.

Index of Exempted Dogs
dogsindex@defra.gov.uk
Telephone: 020 8026 4296
Find out about call charges

Dogs Index
PO Box 68250
London
SW1P 9XG

3. Public Spaces Protection Orders

Some public areas in England and Wales are covered by Public Spaces Protection Orders (PSPOs) - previously called Dog Control Orders (DCOs).

In public areas with PSPOs, you may have to:

You can report dog fouling to your local council.

Penalties

If you ignore a PSPO, you can be fined:

PSPOs in your area

Local councils must let the public know where PSPOs are in place.

Example

If dogs are not allowed in a park, there must be signs saying so.

If the council plans to put a new PSPO in place, it must put up a notice and publish it on its website.

The notice must tell you:

4. Report a dog

You can report a dangerous or out of control dog to:

You can also report dog fouling to your local council.

regards

OLdham Central Neighbourhood team