The United Kingdom has a long history of enacting legislation aimed at regulating and controlling certain breeds of dogs, often in response to concerns about public safety. The Prime Minister has recently announced his intention to ban XL Bully type dogs by the end of 2023, a controversial and highly debated topic within the realm of animal law and advocacy. This article seeks to provide a legal analysis of the UK's efforts to ban XL Bully breeds, exploring the rationale behind such legislation, and its potential implications. The issue of dangerous dogs has been more in the eye of the public as a result of recent events and alleged attacks by XL Bully type dogs which resulted in severe injury or even death.
The term "XL Bully" typically refers to a subset of the American Bully breed, known for its muscular build and imposing appearance. These dogs have gained popularity among enthusiasts and breeders, but they have also garnered criticism and concern due to their physical traits and perceived aggression. In response to these concerns, some local authorities in the UK have taken steps to ban or restrict XL Bully breeds. The government is looking to include the XL Bully in the banned list of the Dangerous Dog Act 1991
Rationale for Banning XL Bully Breeds:
Advocates for banning the XL Bully argue that these dogs pose a heightened risk to public safety due to their physical strength and potential for aggression. They point to incidents involving XL Bully breeds to support their claims and alleged attacks in recent months.
The UK has a history of breed-specific legislation (BSL), which targets specific breeds or types of dogs based on their appearance or perceived characteristics. Proponents of banning XL Bully breeds contend that this approach is necessary to protect the public. The UK already has laws in place to address classified dangerous dogs and their owners, such as the Dangerous Dogs Act 1991. However, critics argue that these laws, when enforced effectively, should be sufficient to protect public safety without the need for breed-specific bans. Under this legislation, Pit Bull Terrier, Japanese Tosa, Dogo Argentino and Fila Brasileiro are already banned in the UK.
Banning XL Bully breeds based solely on their appearance can be seen as discriminatory and ignores the individual temperament and behaviour of each dog. Many argue that BSL is an ineffective way to address the root causes of dog attacks and that it unfairly targets responsible dog owners.
Identifying XL Bully breeds can be challenging, as they often share physical characteristics with other breeds. This can lead to misidentification and unjust confiscation or euthanasia of dogs that do not pose a danger.
Powers of police and council dog warden:
The police and/or council dog wardens have the power to take the dog away, even if it is not acting dangerously or a complaint made. If this happens, they will have to get an expert to analyse the traits of the dog and determine whether it is a banned breed.
If the owners disagree with the authorities, they can instruct their own expert, but this means they have to cover the cost.
If the dog is deemed a banned breed by authorities, they will have to apply to the court for an order to allow the destruction of the dog. In addition, the owner is also susceptible to prosecution, which could result in a fine or even imprisonment.
If XL Bully becomes a banned dog type breed:
If the legislative proposal by the Government is successful, it means that XL Bully owners could face prosecution if they do not register the dog as an Exempt Dog, which requires that the dog is:
- neutered
- microchipped
- kept on a lead and muzzled at all times when in public
- kept in a secure place so they cannot escape.
If the dog falls within the banned category, then the owners must:
- have third-party liability insurance against your dog injuring other people
- be aged over 16
- show the Certificate of Exemption when asked by a police officer or council dog warden, either at the time or within 5 days
- let the Index of Exempt Dogs know if you change address, or your dog dies.
- Kept in a secure place so the dog cannot escape.
Defending Dangerous Dog Act Investigations and Prosecutions
If your dog was not obtained knowingly to be a banned breed and you can prove that the dog is not dangerous, you can obtain relief from destruction of the dog by registering the dog under the Index of Exempted Dogs. This will allow you to keep the dog so long as the above conditions are satisfied.
Taking into account the proposal to change the legislation to include XL Bully in the ‘banned’ category, the procedure of entering your dog under the Index of Exempted Dogs should be your first port of call.
It must be noted that the owner of the dog is the person who will be prosecuted regardless of whether at the time the police seized the dog, or if an attack took place, the owner was not there and the dog was in someone else’s care.
Can a dog be ‘dangerous’ even if it is not a banned breed?
The short answer is yes! A dog, regardless of its breed, may still be classed as dangerous if it:
- Attacks and injures another dog or animal;
- Causes someone to feel that it is likely to injure them
- Injured someone
- Its behaviour causes someone to apprehend injury if they attempt to intervene in an animal attack.
The above criteria apply to both public and private places.
What we can do for you:
In the event of an arrest or charge under the Dangerous Dog Act 1991, or even if the police want to interview you under caution, we are there to assist throughout the process. It is very important that you seek legal advice at the earliest opportunity, as this can make a huge difference to you keeping your dog.
We will assist with examining the evidence, considering witness accounts, building a defence and fighting your corner at all stages. We offer representation at the police station and in court.
The legislation under the Dangerous Dog Act 1991 is complex and at times confusing, we are here to share our expert knowledge with you if all you want is further explanation of the legislation and how it can affect you.
If you are facing an investigation or criminal proceedings under the Dangerous Dogs Act 1991 or simply require further clarification, please contact Remus Cozma, who has several successful years of experience in this field at This email address is being protected from spambots. You need JavaScript enabled to view it. or on 02073872032
