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Possessing a prohibited type of dog

s.1Dangerous Dogs Act 1991

Having a prohibited type of dog, such as a pit bull terrier or XL Bully, without an exemption, or breeding, selling, giving away, abandoning or failing to muzzle and lead one.

Possessing a prohibited type of dog · Dangerous Dogs Act 1991, s.1Card 189 / 195

Points to prove

The dog is of a type to which s.1 applies (pit bull terrier, Japanese tosa, Dogo Argentino, Fila Braziliero or, in England and Wales, XL Bully)
s.1(3)Had the dog in their possession or custody, other than under an exemption scheme, a seizure or a destruction order
s.1(2)Or bred or bred from it; sold, exchanged or gave it away (or offered, advertised or exposed it for that); allowed it in a public place without being muzzled and on a lead; or abandoned it or allowed it to stray

Key definitions

Type – a dog is judged on its physical characteristics (conformation) and not by its breed or pedigree papers. “Type” is wider than “breed”.
Presumption – s.5(5): if the prosecution alleges a dog is of a prohibited type, it is presumed to be so unless the defendant shows otherwise. The defendant must give at least 14 days’ notice before calling that evidence.
Public place – s.10(2): any street, road or other place to which the public have or are permitted to have access, including the common parts of a block of flats.
Owner – s.6: for s.1(2)(d) and (e), where the owner is under 16, it includes the head of their household.

Defences

Exemption – possession is lawful if the dog has a valid certificate of exemption and its conditions are met, such as being neutered and microchipped, kept muzzled and on a lead in public, and kept securely. The third-party insurance condition was removed from 1 July 2026. From 1 November 2026 the conditions also include keeping the dog from close contact with a child under 12 in a private place unless an adult supervises.
Advertisements – s.1(7): a person who published an advert to someone else’s order is not liable to imprisonment, and not convicted if they also did not know and had no reason to suspect it related to a prohibited dog.

Good to know

XL Bully was added in England and Wales from 31 December 2023 (breeding, sale, gifting, abandoning and the muzzle and lead rules). Possessing one without a certificate of exemption became an offence from 1 February 2024.
Power to seize a prohibited dog in a public place: s.5(1)(a). A warrant to enter premises is available under s.5(2).
On conviction the court must order destruction unless satisfied the dog would not be a danger to public safety (s.4(1A)). If it does not order destruction, it must make a contingent destruction order: the dog is destroyed unless exempted within 2 months (s.4A).
Summary only, so the 6-month time limit for charging applies.

Legislation: Dangerous Dogs Act 1991, s.1 (opens legislation.gov.uk in a new tab)
Mode of trial: Summary only
Maximum penalty: 6 months' imprisonment and/or a fine
Last checked: 2 November 2026, against the current law on legislation.gov.uk

Possessing a prohibited type of dog: questions people ask

What are the points to prove for possessing a prohibited type of dog?

1. The dog is of a type to which s.1 applies (pit bull terrier, Japanese tosa, Dogo Argentino, Fila Braziliero or, in England and Wales, XL Bully) 2. Had the dog in their possession or custody, other than under an exemption scheme, a seizure or a destruction order 3. Or bred or bred from it; sold, exchanged or gave it away (or offered, advertised or exposed it for that); allowed it in a public place without being muzzled and on a lead; or abandoned it or allowed it to stray

What is the maximum sentence for possessing a prohibited type of dog?

6 months' imprisonment and/or a fine.

Is possessing a prohibited type of dog a summary, either-way or indictable offence?

Possessing a prohibited type of dog is a summary-only offence: it is tried in the magistrates’ court.

What Act and section is possessing a prohibited type of dog?

Possessing a prohibited type of dog is an offence under the Dangerous Dogs Act 1991, s.1.

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