Most dog owners assume that dangerous dog laws only apply to aggressive animals or banned breeds. In reality, a criminal investigation can arise even where a dog has never previously shown signs of aggression and, in some cases, where no physical injury has occurred.
A recent news report has highlighted the serious consequences that can arise when a dog is alleged to have been dangerously out of control. Following a suspected dog attack in Skegness on 13 June 2026, a 40-year-old man was arrested on suspicion of being the owner of a dangerously out-of-control dog.
While incidents of this nature attract significant public attention, many dog owners are unaware of the scope of the Dangerous Dogs Act 1991. Criminal liability can arise in circumstances owners may not expect. A dog does not need to be a banned breed, and prosecution can be possible even where no injury is caused if the dog is considered dangerously out of control.
What is a dangerous dog offence?
Under the Dangerous Dogs Act 1991, a dog may be considered dangerously out of control if there are reasonable grounds for someone to fear injury, even if no injury actually occurs.
Where injury is caused, the consequences can be far more serious. A conviction may result in a criminal record, fines, a community order or imprisonment, together with restrictions on the dog. In the most serious cases, the court may order the dog to be destroyed.
Can you be prosecuted if your dog doesn’t bite anyone?
Yes. Under the Dangerous Dogs Act 1991, a dog does not need to bite or injure someone for an offence to be committed. If there are reasonable grounds for a person to fear that the dog may injure them, the dog may be considered dangerously out of control. Each case will depend on its individual facts, but criminal proceedings can arise even where no physical injury has occurred.
What does “dangerously out of control” mean?
A dog may be regarded as dangerously out of control if its behaviour causes someone to reasonably fear that they may be injured. This can include situations where a dog behaves aggressively, chases a person, or acts in a manner that causes genuine fear, even if no contact is made. The court will consider all the circumstances when determining whether the legal test is satisfied.
What happens if your dog is seized by police?
Where an allegation is made, the police may seize the dog while investigations are carried out. The dog may be assessed by experts and kept in kennels pending the outcome of the investigation or court proceedings. During this period, owners may face police interviews and requests for information about the dog’s history, temperament and training. Early legal advice can be important in protecting both the owner’s position and the future welfare of the dog.
Can a court order your dog to be destroyed?
Yes. In certain circumstances, the court has the power to order that a dog be destroyed. However, destruction is not automatic and the court will consider a range of factors, including the nature of the incident, the dog’s behaviour, any previous history, and whether measures can be put in place to manage any future risk. In some cases, the court may instead impose conditions such as muzzling requirements, lead restrictions or other control measures.
The police and Crown Prosecution Service must still establish:
To secure a conviction, the prosecution must prove that the owner, or person responsible for the dog at the time, caused or allowed the dog to be dangerously out of control. While these offences do not require proof that the owner intended any harm, the prosecution must still establish the legal elements of the offence based on the available evidence.
Common misconceptions
One of the most common misconceptions is that dangerous dog prosecutions only involve aggressive or poorly behaved dogs.
In reality, many cases involve family pets with no history of aggression. A dog may react unexpectedly due to fear, stress, illness, provocation, or unusual circumstances. As a result, it is essential that the full circumstances surrounding an incident are carefully investigated.
Every case requires careful examination of the available evidence, including witness statements, veterinary evidence, police reports, photographs, and medical records where applicable.
The risk to owners
Many owners focus solely on the possibility of a fine or criminal record. However, one of the most significant concerns is often the future of the dog itself.
Depending on the circumstances, the court may impose:
- A criminal record
- Unlimited fines
- Community Orders
- Imprisonment
- Contingent destruction orders
- Control requirements such as muzzling and lead restrictions
- Disqualification from owning dogs
Early legal advice is essential
Dangerous dog investigations often progress quickly. Police may seize a dog, conduct interviews under caution, obtain veterinary evidence, and seek expert assessments regarding the dog’s behaviour.
Obtaining specialist legal advice at an early stage can be crucial. Early representation can help ensure that the dog’s history, temperament, training, and the full circumstances of the incident are properly considered from the outset.
If your dog is involved in an incident, it is important to:
- Co-operate with the police while exercising your legal rights.
- Seek legal advice before attending any interview under caution.
- Retain veterinary and training records.
- Gather evidence from any witnesses present.
- Avoid making assumptions about the outcome of the investigation.
Early action can often make a significant difference to both the criminal investigation and the future welfare of the dog.
At Slater Heelis, our experienced criminal defence solicitors have represented clients facing a wide range of allegations under the Dangerous Dogs Act 1991. We understand how distressing these cases can be, both for owners and their families, and we are experienced in providing practical, strategic advice throughout the investigation and court process.
If you are under investigation following a dog-related incident, have been asked to attend a police interview, or your dog has been seized by the police, obtaining specialist advice as early as possible can be critical. Our experienced criminal defence team regularly advises owners facing allegations under the Dangerous Dogs Act 1991 and can provide practical guidance aimed at protecting both your legal position and the future of your dog.
Get In Touch
Ava Jackson is a Paralegal in the Crime and Regulatory department, with experience assisting with cases involving sexual offences, theft, assault, and burglary.
If you would like to speak with Ava or another member of our Crime and Regulatory team about dangerous dogs, please call 0330 111 3131 or complete our online contact form.
