Point of law query - ex post facto (I think!).

[DogsBestFriend]

As you doubtless know, the Dangerous Dogs Act states that any dog which is one of four specific breeds or which looks like a Pit Bull Terrier "type" is banned in the UK. Anyone found to have one of these breeds or a Pit "type" will be prosecuted whilst their dog is highly likely to be subject to a destruction order.

Thankfully it is likely that the DDA is going to be replaced by the better thought out Dog Control Bill, which will not ban any one breed.

This has caused me to wonder... if someone is awaiting trial/an appeal/is in the middle of a court case for owning a banned breed as per the DDA and their dog has been impounded and is facing a likely destruction order what becomes of that dog and owner when the change in law takes place?

Does the court case/appeal continue under the terms of the defunct DDA or would it have to be thrown out as ex post facto* because the law under which the owner is being tried no longer exists?

*Assuming that this is the correct use of the term... whaddo I know?!

I hope that makes sense, thanks in advance.

An ex post facto law is one that changes the law retroactively. It could, for example, criminalise an act that was legal when committed. New laws do not automatically apply retoractively.

As far as I can see the Dog Control Bill in its current form is not retroactive, so an offence commmitted under the DDA prior to its repeal can still be prosecuted. Of course, that may change before the Dog Control Bill becomes law (assuming it is passed by Parliament). However, it is rare for UK laws to be retroactive although it does happen occasionally.

Thank you PR I really appreciate your help - not just as a dog lover with an interest in ridding the UK of breed specific legislation but also as one who is just embarking on a law degree course. :) I have SO much to learn. It's daunting but exciting too.

What a sad answer for those like Lennox, a crossbreed on death row. He's awaiting the judge's response to an appeal on a point of (NI) law having gone through the whole court case process where judgement was made that he must die. You've confirmed what I feared - that those dogs who are condemned to death for merely looking like a Pit Bull Terrier and who are in the middle of court action when the law changes (assuming of course that the Bill is adopted into law) will clearly not benefit from it.

I wish I could tuck you away in my house somewhere, you're always there to give knowledgable advice and answers... do you think that your other half would notice if I stole you away? :o

(The former Vallhala with the Red Balloon daughter here, btw). :)

Again, thank you. :)

I'm afraid I think she would notice!

Hope Red Balloon is working out well for your daughter.