Problems of Identification
The Dangerous Dogs Act refers to a ‘type of dog known as a pit bull terrier’ as the American Pit Bull Terrier was not recognised by the Government or the UK Kennel Club as a pure breed. A legal decision was therefore required to define exactly what that meant. The Queen’s Bench Divisional Court decided in July 1993 that:
‘They could properly conclude that a dog was of the type known as the pit bull terrier if its characteristics substantially conformed to the American Dog Breeders Association’s standard.’
The standards for the APBT are however, extremely vague by UK pure breed standards. This means that any dog, regardless of its parentage could be considered a ‘pit bull type’ if it looks like the US standard.. Hundreds of crossbred dogs and their owners have suffered as a result of this definition. It is even more difficult for owners to fight these cases because the burden of proof lies with the defence. The owner has to prove to the court that the dog is not a ‘pit bull type’ rather than the police having to prove that it is.
From 1992 to 1997, at least 770 destruction orders were made against dogs under this Act. There were 13 dogs that had exhausted all legal process while awaiting destruction and seven dogs in limbo, as there were no legal proceedings against them but the police refused to return them to their owners. Dogs held in limbo may be kept by the police indefinitely, at a cost to the British taxpayer of £23,000 per year.
When a dog is suspected to be illegal, the police seize it and take it to an undisclosed location. It is almost impossible for the owner to visit the dog and welfare reports on the dogs in police care are rarely forthcoming. In 1997, the average length of incarceration for a dog in these cases was two years and four months. The longest period for any dog being held is now over seven years and one dog has died of old age in police custody. Thankfully the length of stay has reduced very significantly since then.
Dogs Trust has worked to change this legislation and also cares for registered ‘pit bull terriers’, who are cared for at our Rehoming Centres for the rest of their lives.