The powers library27 of 59 Entry, search and seizure

Seizure of dangerous dogs

s.5Dangerous Dogs Act 1991

Lets a constable or authorised council officer seize prohibited or dangerously out of control dogs, and lets a justice issue a warrant for a constable to enter premises, search and seize dogs or evidence of an offence under the Act.

Seizure of dangerous dogs · Dangerous Dogs Act 1991, s.5Card 27 / 59

When you can use it

s.5(1)(a)A dog that appears to be a s.1 type, in a public place, at a time when possession or custody of it is unlawful under s.1
s.5(1)(a)(ii)Or, before that time, a s.1 type dog in a public place not muzzled and kept on a lead
s.5(1)(b)A dog in a public place that appears to be covered by a s.2 order, where an offence against the order has been or is being committed
s.5(1)(c)Any dog in a public place that appears to be dangerously out of control
s.5(1A)Any dog in a place that is not a public place, in England or Wales, that appears to be dangerously out of control
s.5(2)Warrant – a justice is satisfied on information on oath that there are reasonable grounds to believe an offence under the Act (or a s.2 order) is being or has been committed, or that evidence of one is on the premises

What it allows

Seizing the dog where any ground in s.5(1) or (1A) applies.
Under a s.5(2) warrant, a constable may enter the premises, using reasonable force, search them, and seize any dog or other thing found there that is evidence of an offence.
s.5(1A) is a power to seize only. It gives no power to enter private premises, so the officer must already be there lawfully or use another power.

Key definitions

Section 1 dogs – pit bull terrier, Japanese tosa, Dogo Argentino, Fila Braziliero and, in England and Wales, the XL Bully (designated from 31 December 2023).
Public place – s.10(2): any street, road or other place, enclosed or not, to which the public have or are permitted access, paid or not. Includes the common parts of a building with two or more dwellings.
Dangerously out of control – s.10(3): there are grounds for reasonable apprehension that the dog will injure a person or an assistance dog, whether or not it does. Not police or Crown dogs used for a lawful purpose.

Safeguards

PACE ss.15–16 apply to the warrant: one entry only (Code B 6.3A), executed within 3 months, at a reasonable hour unless that would frustrate the search.
Identify yourself, produce the warrant and give the occupier a copy. If nobody is in charge, leave a copy in a prominent place. Endorse and return it afterwards.
PACE Code B covers the application, search and seizure. An inspector or above must give written authority for the application. In an urgent case, if none is readily available, the next most senior officer on duty can (Code B 3.4(a)).

Good to know

For XL Bullies in England and Wales, the appointed day is 31 January 2024. Possession without an exemption certificate has been unlawful after that day.
A justice can order a seized dog’s destruction without a conviction under s.4B, for example where no one is to be prosecuted.
s.5(5): the court presumes a dog is a s.1 or s.2 type unless the accused proves otherwise. They must give the prosecution at least 14 days’ notice of that evidence.
Seize-and-sift powers under the Criminal Justice and Police Act 2001, s.50 extend to s.5(2) searches.

Legislation: Dangerous Dogs Act 1991, s.5 (opens legislation.gov.uk in a new tab)
Who can use it: A constable or authorised local authority officer (seizure); a constable (warrant)
Last checked: 3 November 2026, against the current law on legislation.gov.uk

Seizure of dangerous dogs: questions people ask

When can the police use seizure of dangerous dogs?

1. A dog that appears to be a s.1 type, in a public place, at a time when possession or custody of it is unlawful under s.1 2. Or, before that time, a s.1 type dog in a public place not muzzled and kept on a lead 3. A dog in a public place that appears to be covered by a s.2 order, where an offence against the order has been or is being committed 4. Any dog in a public place that appears to be dangerously out of control 5. Any dog in a place that is not a public place, in England or Wales, that appears to be dangerously out of control 6. Warrant – a justice is satisfied on information on oath that there are reasonable grounds to believe an offence under the Act (or a s.2 order) is being or has been committed, or that evidence of one is on the premises

Who can use seizure of dangerous dogs?

A constable or authorised local authority officer (seizure); a constable (warrant)

What law gives the power for seizure of dangerous dogs?

Dangerous Dogs Act 1991, s.5.

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