Most dog owners never come near the criminal law, but a single incident can change that quickly. GOV.UK guidance sets out what counts as a dog being dangerously out of control, which types of dog are banned, and what the rules for XL Bully dogs are. This guide summarises that guidance, with the nation each rule applies to stated throughout. Scotland and Northern Ireland have their own XL Bully rules, which GOV.UK links to separately and this article does not describe.
Dogs dangerously out of control (England and Wales)
The GOV.UK guide “Controlling your dog in public” states that it is against the law to let a dog be dangerously out of control anywhere, including in a public place, in a private place such as a neighbour’s house or garden, and in the owner’s own home. The law applies to all dogs, regardless of breed. A dog is considered dangerously out of control if it injures someone or makes someone worried that it might injure them. A court can also reach that conclusion where the dog attacks someone’s animal, or where the owner of that animal thinks they could be injured trying to stop the attack.
The penalties
The penalties GOV.UK lists escalate with the harm caused:
- Dog dangerously out of control: an unlimited fine, prison for up to 6 months, or both. The owner may also be banned from owning a dog in future, and the dog may be destroyed.
- Letting the dog injure someone: prison for up to 5 years or a fine, or both.
- Allowing the dog to kill someone: prison for up to 14 years or an unlimited fine, or both.
- Allowing the dog to injure an assistance dog, such as a guide dog: prison for up to 3 years or a fine, or both.
Deliberately using a dog to injure someone can lead to a charge of malicious wounding.
Banned types of dog (as described by GOV.UK)
GOV.UK states that in the UK it is against the law to own certain types of dog: the Pit Bull Terrier, Japanese Tosa, Dogo Argentino, Fila Brasileiro and XL Bully. It is also unlawful to sell, abandon, give away or breed from a banned dog. Importantly, whether a dog is a banned type depends on what it looks like rather than its breed or name. A dog that matches many of the characteristics of a Pit Bull Terrier, for example, may be treated as banned.
If someone has a banned dog, the police or a council dog warden can take it away even if it is not acting dangerously and nobody has complained. The police may need court permission. A police or council expert judges the type of dog. It is the owner’s responsibility to prove the dog is not a banned type; failing that, or on a guilty plea, the owner is convicted, faces an unlimited fine or up to 6 months in prison, and the dog will be destroyed. A valid Certificate of Exemption may allow a banned dog that has not been acting dangerously to be kept.
XL Bully rules (England and Wales)
Defra’s guidance on the XL Bully ban, which applies to England and Wales, says it is a criminal offence to own or possess an XL Bully dog without a valid Certificate of Exemption. It is also an offence to sell, abandon or let one stray, give one away, breed from one, or have one in public without a lead and muzzle. Applications for exemption certificates have closed, and new exemptions can only be authorised by a court order.
For the life of the dog, a certificate holder must:
- keep the dog at the certificate holder’s address, with a maximum of 30 days in any 12-month period at a different address;
- tell Defra if the dog dies, is exported or moves permanently to a new address;
- keep the dog muzzled and on a lead in public places, with the lead securely held by someone at least 16 years old;
- keep the dog in secure conditions that stop it escaping;
- allow a police constable or authorised local authority officer to read the microchip and produce the certificate within 5 days of a request.
Failure to follow these requirements means the dog is no longer exempt and could be taken by the police, and the owner could be prosecuted.
New rule for children from 1 November 2026 (Defra guidance)
From 1 November 2026, owners of banned breed dogs must ensure that no child under 12 is left in close contact with the dog in a private place, such as a home or garden, without appropriate adult supervision. Defra’s guidance defines this as an adult aged 18 or over who is present and able to intervene, and it stresses that supervision must be in person: cameras, baby monitors and video doorbells are not a substitute. The guidance suggests ways to keep children and dogs apart when supervision is not possible, including separate rooms with doors securely closed, secure stair gates or other barriers, different floors, or a crate or pen where suitable and the dog is comfortable in it.
Frequently asked questions
Does the dangerously-out-of-control law only apply in public?
No. GOV.UK states it applies in public places, in private places and in the owner’s home.
Is a dog banned because of its breed name on a pedigree paper?
According to GOV.UK, the test is what the dog looks like rather than its breed or name.
Can I still apply for an XL Bully exemption?
Defra’s guidance says applications have closed and that new exemptions can only be authorised by a court order.
The bottom line
Under GOV.UK guidance, every dog owner in England and Wales carries legal responsibility for keeping their dog under control in any setting, and the penalties rise steeply with the harm caused. Owners of banned types face strict conditions, and a new supervision rule for children under 12 applies from 1 November 2026. Anyone unsure whether their dog could be treated as a banned type should seek advice from the police or a solicitor rather than relying on a breed label.