For the first time, the UK’s most prominent animal welfare organisation has been prepared to publicly support calls for a repeal of section 1 of the Dangerous Dogs Act (DDA) – Section 1 is the part of the legislation which bans dogs based on their breed or type.

Section 1 of the 1991 Dangerous Dogs Act is a highly controversial and widely criticised clause that promotes breed specific legislation. Many experts, law makers and dog lovers from around the UK and globally have seen the devastation caused by breed specific legislation – which outlaws dogs by ‘type’, meaning a dog is deemed ‘dangerous’ and illegal simply based on what it looks like and not because of any offence caused by the dog. As a result of breed specific legislation (BSL) in the UK, many innocent dogs have lost their lives since the law was brought in by Ken Baker in 1991.

Now the RSPCA has set the wheels in motion for other prominent welfare groups to come out and publicly call on the law makers to end section 1 and replace it with fair, effective dog laws which do not condemn dogs to death based on what the look like. The UK can put itself in a position to follow the example set by the Netherlands in repealing section 1 in favour of a law that will place the burden of responsibility on owners rather than terminating the lives of dogs who are guilty of nothing more than looking a certain way.

The move comes about following a productive and engaging meeting between the RSPCA’s Government Relations Manager, Claire Robinson, DDAWatch and the C- fidos at the end of 2008.

The RSPCA public backing for repeal gives anti BSL campaigners the boost they have been waiting for while sending a clear message to the Government that section 1 of the DDA is a failed, unfair concept that needs to be reformed without delay.

DDAWatch – an anti BSL campaign group – has congratulated the RSPCA on the decision to call for action having been previously disheartened to hear many organisations publicly state anti BSL positions but falling short of actually calling for an immediate repeal of section 1.

Alison Green of DDAWatch:

“We are so thrilled to see the RSPCA step up to the plate on such an important issue that has cost the lives of many innocent dogs. For those people who have been actively involved in fighting section 1 cases, for those of us who’ve seen dog owner’s lives ripped apart by this appalling law, which has not protected the public at all, this announcement from the RSPCA will hopefully herald the start of many more calls for repeal and eventually the repeal itself. Now owners and anti BSL campaigners alike have some hope to cling to after so many false dawns. Now we have the opportunity of a lifetime to finally get the Government to see sense. They need to listen to the RSPCA and make the right call. Section 1 has been an unmitigated failure and an animal welfare disaster. It is such a relief to hear the RSPCA being brave and honest enough to publicly call for a repeal where other influential and supposedly anti BSL organisations have fallen short, instead citing ‘political climate’ as a reason to keep BSL.”

Ryan O’Meara, chief executive of C-fidos:

“This is truly great news. It seems such a simple thing to do, to publicly support an end to BSL – especially given that the RSPCA and other major animal welfare organisations have publicly stated their position as being anti BSL – but despite the anti BSL positions held by many organisations and individuals we still have BSL and we have it because we still have section 1 of the DDA. The way to end BSL is to end section 1 and replace it. The RSPCA coming in with public support for the position held by C-fidos and DDAWatch gives legitimacy and momentum to campaigners to call on their government to end BSL. It’s no longer a concept, being anti BSL, it’s a real, tangible opportunity to call the government to account over a highly unfair, unpopular and completely unsuccessful law.”

The following aims and objectives have been arrived at following discussion between the members and leadership of the Dangerous Dogs Act Steering Group:

Long term aims

To achieve a repeal of the widely flawed section one of the Dangerous Dogs Act 1991.

To ensure future canine legislation is not focused on the breed of dog but ensuring the capabilities of the owner to control that dog, regardless of its breed or type.

Short term aims

To raise the profile of the effect of the Dangerous Dogs Act on dogs in rescue and welfare organisations as well as in pet homes.

To work with relevant agencies to ensure the current legislation is enforced with the minimum distress to dogs, owners and the public.

To encourage the media to report incidents in such a way as to not cause fear but rather offer guidance to the public in an attempt to reduce potential incidents.

To ensure that the media and politicians are well briefed on how and why a repeal is so important and how they can assist in creating a better and more effective law.

To ensure that the public are well briefed on the deficiencies of Breed Specific Legislation and why it needs to be repealed.

To ensure that all dog owners are fully aware of their responsibilities under section three of the Dangerous Dogs Act.

One of the more misunderstood breed types in the United Kingdom, the Pit Bull is on the banned breeds list in accordance with the 1991 Dangerous Dogs Act. But the question is, do you know what one is, what they look like or anything about them other than the media hype?

What Is a Pit bull in the UK in 2008?

The use of the term “pit bull” is one that over the last 18 months has become increasingly commonplace yet many people will freely use the term without knowing exactly what it is that they are referring too. So what exactly is a “pit bull” in the United Kingdom in 2008?

Breed or type?

First and foremost in the UK it is illegal to own any dog that is a type of dog known as a”pit bull type”. The breed American Pit Bull Terrier has never been recognised here so by the Government so, instead of banning a breed that they didn’t believe existed, they banned all dogs that looked like them. They attempted to ban a type of dog.

Definition

When the first cases of dogs charged with being illegal pit bull terriers went before the courts a huge problem became apparent. The courts had to decide, beyond reasonable doubt, that a dog was indeed a dog that fitted the “type”. Several Home Office Circulars followed issuing advice but it was decided by the High court in 1993 that a dog was a “type known as a pit bull terrier” if it had a substantial number of characteristics of an American Pit Bull Terrier. In order to decide this they need to know what an American Pit bull Terrier should look like. It was then decided in 1993 to use the breed standard as drawn up by the American Dog Breeders Association at that time. In recent years the ADBA have changed the standard a number of times however the first standard is the one referred to in UK courts today. The High Court also stated that a dog could be of the “type known as the pit bull terrier” regardless of its parentage and that behaviour was relevant but not conclusive.

Identification

Under Section One of the DDA a dog becomes a pit bull type if it has a substantial number or most of the characteristics of an American Pit Bull Terrier as described by the ADBA standard. Substantial or most is normally a dog that scores more than 60 percent. Once an accusation has been made it is up to the defence to prove otherwise, not the prosecution to prove the dog is a pit bull type. The standard sets out 100 points to consider when looking at the perfect APBT. Out of those 100 points only 10 points can be given in respect of the dogs attitude/behaviour. The way a dog is scored falls down to interpretation. For example a number of points can be given for a dog with a muscular build.

Any dog is capable of having a muscular build of varying degrees and each person will have a different idea on how well muscled a dog is therefore leaving several people giving different scores on the same dog. The standard also suggests the tail should rest at the hock however some will give points for a tail that rests just above or below. There is also a lot of debate over various points of the standard and how it is to be interpreted.

As all dogs, even litter mates are never identical one dog may score more or less than its sibling. This often leads to dogs with the same parentage being split into “pit bull type” and not “pit bull type” Sometimes simply by being a little taller, having a slightly shorter muzzle and a tail being a little too long can make the distinction between illegal or legal.

Other breeds or cross breeds can and have been, deemed pit bull type. When looking at any dog stated as being another breed, it often falls to which standard scores the most points. If a Stafford for example doesn’t fit the Kennel Club breed standard for a Stafford quite as well as it does the ADBA standard for an APBT then its quite possible a court will find the dog to be pit bull type.

In the court.

Court is often a bizarre experience for an onlooker. Expert witness’s will take the stand in hearings that often take two or more days to hear fully and discuss each point in turn. The very serious topic of dangerous dogs is stripped down to the bare bones, quite literally. The experts will state whether in their opinion the shape of the eyes is correct, whether the coat is a single coat or not. They will argue over whether a tail is pump handled when relaxed.

They will all produce pictures to try and prove their point. Interpretation of each point will be argued. The dog will be weighed and measured and all will be noted and scored. The Judge will then have to decide if the defence have proved beyond reasonable doubt that the dog isn’t a prohibited type. It is not up to the prosecution in Section One cases, to prove the dog is a pit bull type to obtain a guilty verdict.

So there we have it. That’s what a pit bull type aka “dangerous dog” is in the UK legal system today. Its any dog that a judge believes scores enough points, mainly in conformation, on a breed standard that is no longer used in that exact form as a standard for that breed.

Useful Links:

www.dangerousdogsact.co.uk

Written by Alison Green. Head of the C-fidos Dangerous Dogs Act steering group.