Animal offences
Possession of a prohibited dog / breeding/selling/advertising
England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.
- Triable
- Summary only
- Maximum penalty
- 6 months' custody
Actus reus
- Breed, sell, gift, abandon, or have in a public place unmuzzled/off-lead, or possess, a dog of a type to which DDA 1991 s.1 applies (pit bull terrier, Japanese tosa, and types designated by order — including later XL Bully designation by order). Read the charged s.1 subsection and any exemption scheme in force.
Mens rea
- Doing the prohibited act in relation to a dog of a s.1 type. Type is a question of characteristics, not kennel-club papers.
Defences
Dog not of a s.1 type · Exemption / certificate of exemption if a scheme applies to that type · Not in a public place (for the muzzle/lead limb) · Deny the act
Sentencing Council
Sentencing Council guideline effective 01 July 2016. Offence range: Discharge – 6 months’ custody.
At the police station
Type evidence is expert-led. Ask whether an exemption scheme applied on the date of possession.
When to involve a rep or solicitor
Police station advice is free under legal aid and is not means-tested.
Authoritative sources for this page
Statute plus Sentencing Council (and CPS where listed) are the two primary sources we used for mode of trial, maximum and elements. Case links are from our verified registry only.
- Statute:Dangerous Dogs Act 1991, s.1 ↗
- Sentencing Council:Sentencing Council definitive guideline ↗