Kid, from the KC website:
Q. What is a pit bull terrier type dog
A. Section 1 of the Dangerous Dogs Act 1991 relates to dogs of the type known as the pit bull terrier. The High Court has decided that for a dog to be a pit bull type, it must have a substantial number of the physical characteristics of a pit bull terrier. These characteristics are listed in a number of places, and probably the most comprehensive (and that generally relied on by Courts) is the American Dog Breeders Association?s Basis of Conformation for the American Pit Bull Terrier. This is a functional standard which describes the ideal, and so the dog does not have to conform in every detail to be regarded as a pit bull type. DEFRA has produced guidance which summarises some of the main physical aspects of a pit bull terrier (see ?DEFRA guidance on prohibited dogs? which can be accessed via the links page on this site)Q. But I have a dog with a nice temperament. Surely this can?t be regarded as a pit bull type
A. The High Court has ruled that the behaviour of a dog is relevant but not conclusive when determining whether a dog is a pit bull type
Q. Surely there is a DNA test that can be used
A. Not at present. In any event, the legal test is predominantly on the basis of physical conformation so it isn?t just about the breeding but is about what the dog looks like.
Q. Doesn?t the law just apply to pure bred pit bulls
A. No. Cross-breeds and mongrels could be regarded as pit bull types depending on their physical conformation.
Q. How does the prosecution prove their case
A. In Court the burden of proof is on the dog owner to prove that the dog isn?t a pit bull type. This reversal of the usual burden of proof has been challenged in the European Court, but has been found to be lawful. It is therefore very difficult to successfully defend a case. The evidence is likely to be given by experts.
Q. Can a pit bull type dog ever be lawfully owned
A. Owners were given a short period of time to have their dogs registered onto the Index of Exempted Dogs, but this form of voluntary registration ended in 1991. Since 1997 the law has been slightly relaxed, so that if an owner is prosecuted for possession of an unregistered pit bull type dog the Court may allow the dog to be registered (and all of the other conditions must be complied with) but only if the owner can prove that the dog would not constitute a danger to public safety. If this cannot be proven then the Court must order that the dog be destroyed.
Q. What are the conditions of owning a pit bull type apart from having the dog registered
A. The dog has to be neutered, microchipped, tattooed and insured. Also, no person shall:
Breed, or breed from, the dog
Sell or exchange the dog or offer, advertise or expose the dog for sale or exchange
Make or offer to make a gift of the dog or advertise or expose the dog as a gift
Allow the dog to be in a public place without being muzzled and kept on a lead
Abandon the dog or allow it to stray
Q. What would happen if any of the conditions are breached after a dog has been registered
A. It is a criminal offence and in addition to penalties for the Defendant there is a presumption that the dog shall be destroyed