Dangerous Dog Offences (Sections 1 and 3 Dangerous Dogs Act 1991)

Dangerous Dogs Act 1991, s.1

Either way
14 years' custody (s.3(1) aggravated offence where a person dies as a result of being injured); 5 years' custody (any other case where a person is injured); 3 years' custody (where an assistance dog is injured); s.1 offences and the non-aggravated s.3 offence are summary only, 6 months' custody or a Level 5 fine

Definition

No person shall (a) breed, or breed from, a dog to which this section applies; (b) sell or exchange such a dog or offer, advertise or expose such a dog for sale or exchange; (c) make or offer to make a gift of such a dog or advertise or expose such a dog as a gift; (d) allow such a dog of which he is the owner or of which he is for the time being in charge to be in a public place without being muzzled and kept on a lead; or (e) abandon such a dog of which he is the owner or, being the owner or for the time being in charge of such a dog, allow it to stray. (Dangerous Dogs Act 1991, s.1(2)) After such day as the Secretary of State may by order appoint for the purposes of this subsection no person shall have any dog to which this section applies in his possession or custody except (a) in pursuance of the power of seizure conferred by the subsequent provisions of this Act; or (b) in accordance with an order for its destruction made under those provisions. (Dangerous Dogs Act 1991, s.1(3)) Any person who contravenes this section is guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months or a fine not exceeding level 5 on the standard scale or both. (Dangerous Dogs Act 1991, s.1(7)) If a dog is dangerously out of control in any place in England or Wales (whether or not a public place) (a) the owner; and (b) if different, the person for the time being in charge of the dog, is guilty of an offence, or, if the dog while so out of control injures any person or assistance dog, an aggravated offence, under this subsection. (Dangerous Dogs Act 1991, s.3(1))

Points to prove

Section 1. A person
breeds or breeds from, sells or exchanges or offers for sale or exchange, gives or offers as a gift, allows in a public place without being muzzled and kept on a lead, abandons or allows to stray (s.1(2)), or after the appointed day has in his possession or custody (s.1(3))
a dog to which s.1 applies (a pit bull terrier type, a Japanese tosa type, or a type designated by order of the Secretary of State, s.1(1))
Section 3. A dog
is dangerously out of control in any place in England or Wales, whether or not a public place
the defendant is the owner or, if different, the person for the time being in charge of the dog
aggravated offence, the dog while so out of control injures any person or assistance dog

Dangerous Dog Offences arise under ss.1 and 3 Dangerous Dogs Act 1991. Section 1 applies to any dog of the type known as the pit bull terrier, any dog of the type known as the Japanese tosa and any type designated by order of the Secretary of State as bred for fighting or having the characteristics of such a type (s.1(1)); the annotations to the section record the Dogo Argentino and Fila Braziliero as designated in 1991 and the XL Bully as designated for England and Wales from 31 December 2023, with the s.1(3) possession prohibition applying to that type from 31 January 2024. No person may breed or breed from, sell, exchange, give, allow in a public place unmuzzled or off a lead, abandon or allow to stray such a dog (s.1(2)), and after the appointed day no person may have such a dog in his possession or custody except under the Act's seizure or destruction provisions (s.1(3)), subject to the exemption schemes made under s.1(5). Any person who contravenes s.1 is guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months or a fine not exceeding level 5 on the standard scale or both (s.1(7)). Section 3 makes the owner and, if different, the person for the time being in charge of a dog that is dangerously out of control in any place in England or Wales guilty of an offence, or an aggravated offence if the dog while so out of control injures any person or assistance dog (s.3(1)); a dog is dangerously out of control on any occasion on which there are grounds for reasonable apprehension that it will injure any person or assistance dog, whether or not it actually does so (s.10(3)). The non-aggravated s.3 offence is summary only, with a maximum of six months' imprisonment or a level 5 fine or both; the aggravated offence carries on summary conviction six months' imprisonment or a fine not exceeding the statutory maximum or both and on conviction on indictment imprisonment for a term not exceeding 14 years if a person dies as a result of being injured, 5 years in any other case where a person is injured and 3 years where an assistance dog is injured, or a fine, or both (s.3(4) and (4A)).

In practice

The aggravated s.3 offence is an either-way offence: it may be tried at the magistrates' court or the Crown Court. Mode of trial depends on the seriousness and the defendant's election. The s.1 offences and the non-aggravated s.3 offence are summary only. The suspect must be cautioned in accordance with Code C PACE 1984 before any questions about the offence are put to them. Interviews must be audio-recorded (Code E) or, for indictable offences, may be visually recorded (Code F).

Last updated 20 October 2026. Reviewed 20 October 2026

Mode of trial: Either way
Maximum sentence: 14 years' custody (s.3(1) aggravated offence where a person dies as a result of being injured); 5 years' custody (any other case where a person is injured); 3 years' custody (where an assistance dog is injured); s.1 offences and the non-aggravated s.3 offence are summary only, 6 months' custody or a Level 5 fine
Act and section: Dangerous Dogs Act 1991, s.1
Power of arrest: A constable may arrest without a warrant anyone who is about to commit an offence, anyone who is in the act of committing an offence, anyone whom he has reasonable grounds for suspecting to be about to commit an offence and anyone whom he has reasonable grounds for suspecting to be committing an offence (s.24(1)); if a constable has reasonable grounds for suspecting that an offence has been committed, he may arrest without a warrant anyone whom he has reasonable grounds to suspect of being guilty of it (s.24(2)); if an offence has been committed, he may arrest without a warrant anyone who is guilty of the offence or whom he has reasonable grounds for suspecting to be guilty of it (s.24(3)). The power is exercisable only if the constable has reasonable grounds for believing that for any of the reasons mentioned in s.24(5) it is necessary to arrest the person in question (s.24(4)) (Police and Criminal Evidence Act 1984, s.24).
Search on arrest: Where a person has been arrested at a place other than a police station, a constable may search the arrested person if the constable has reasonable grounds for believing that the arrested person may present a danger to himself or others (s.32(1)), may search the arrested person for anything which he might use to assist him to escape from lawful custody or which might be evidence relating to an offence (s.32(2)(a)) and, if the offence for which he has been arrested is an indictable offence, may enter and search any premises in which he was when arrested or immediately before he was arrested for evidence relating to the offence (s.32(2)(b)) (Police and Criminal Evidence Act 1984, s.32). A constable may enter and search any premises occupied or controlled by a person who is under arrest for an indictable offence, if he has reasonable grounds for suspecting that there is on the premises evidence, other than items subject to legal privilege, that relates to that offence or to some other indictable offence which is connected with or similar to that offence (s.18(1)); the power may not be exercised unless an officer of the rank of inspector or above has authorised it in writing (s.18(4)), save where the condition in s.18(5A) is satisfied (s.18(5)) (Police and Criminal Evidence Act 1984, s.18). The s.32(2)(b) and s.18 powers apply to the s.3(1) aggravated offence, which is triable either way; the s.1 offences and the non-aggravated s.3(1) offence are summary only (Interpretation Act 1978, Schedule 1).
Detention clock: A person shall not be kept in police detention for more than 24 hours without being charged, calculated from the relevant time (Police and Criminal Evidence Act 1984, s.41(1) and (2)). Where the arrest is for the s.3(1) aggravated offence, which is an indictable offence (an offence which, if committed by an adult, is triable on indictment, whether exclusively so triable or triable either way: Interpretation Act 1978, Schedule 1), a police officer of the rank of superintendent or above who is responsible for the police station may authorise the keeping of the person in police detention for a period expiring at or before 36 hours after the relevant time where detention without charge is necessary to secure or preserve evidence relating to an offence for which he is under arrest or to obtain such evidence by questioning him, the offence is an indictable offence and the investigation is being conducted diligently and expeditiously (s.42(1)); a magistrates' court may issue a warrant of further detention for a period not longer than 36 hours (s.43(1) and (12)) and may extend it, each extension being not longer than 36 hours and not ending later than 96 hours after the relevant time (s.44(1) and (3)) (Police and Criminal Evidence Act 1984, ss.41 to 44). For the s.1 offences and the non-aggravated s.3(1) offence, which are summary only, the ss.42 to 44 extensions do not apply because each requires that an offence for which the person is under arrest is an indictable offence.
Source: www.legislation.gov.uk/ukpga/1991/65/section/1