It Is not Illegal to Own a Pit 
Bull. I was told to read the Dogs Act of
Section 8 reads as follows:
Prohibition on breeding of pit bull terrier
8. (1) It is prohibited to breed or breed from, give, sell, exchange or gift, any dog of the type known as the pit bull terrier or other dog of a type which is bred for fighting or which has the characteristics of a dog so bred.
(2) Any person who contravenes this section shall be guilty of an offence and liable on summary conviction to a fine of $4,500.
(3) Where a person is convicted of an offence under this section, the court may order the destruction of any dog in respect of which the offence was committed.
As I read that section, it means that it is an offence to breed a pit bull. It is illegal to give one away. It is illegal to sell one. If you do any of these things, you commit an offence the fine for which is up to $4,500.00.
Section 17 also applies to pit bulls. It reads as follows:
Ferocious dogs
17. (1) No person shall import any dog of the type known as the pit bull terrier or other ferocious dog and any dog so imported shall be seized and forfeited to the Crown, unless the person who imports the dog proves to the satisfaction of the Chief Veterinary Officer that the dog is not of a type known as the pit bull terrier or is not a ferocious dog.
(2) Every person who keeps a dog of the type known as the pit bull terrier or a ferocious dog shall have the dog spayed or castrated in a prescribed manner by an approved veterinary surgeon and produce the certificate to the Director when applying for a licence in respect of that dog.
(3) The keeper of a dog of the type known as the pit bull terrier or a ferocious dog shall not allow such a dog to be in a public place without being muzzled and kept on a lead or abandon it or allow it to stray.
(4) No person shall suffer to be at large any unmuzzled dog of the type known as the pit bull terrier or ferocious dog.
(5) Any person who contravenes the provisions of this section shall be guilty of an offence and liable on summary conviction to a fine of $10,000.
(6) Where a person is convicted of an offence under subsection (3) or (4), the court may order the destruction of any dog in respect of which the offence was committed.
As I read the above, it is an offence to import a pit bull. The importer commits an offence. It is an offence to allow it to be in a public place without wearing a muzzle. Every pit bull on
This law is now several years old. That means that most pit bulls in
Not that any of the above matters. The law is a joke when it comes to enforcing compliance. It is not an offence to receive a pit bull as a gift. It is not an offence to purchase a pit bull. It is not an offence to own a pit bull. Without me giving evidence, it is impossible for the authorities to prove who sold it to me, or gave it to me.
The one thing they can prove is that I own it or have it in my possession. That is the one thing that is not an offence.
Talk about a pointless, stupid, badly drafted, law!
...LOL...LOL...LOL! Only on Anguilla.
ReplyDelete"Not that any of the above matters. The law is a joke when it comes to enforcing compliance. It is not an offence to receive a pit bull as a gift. It is not an offence to purchase a pit bull. It is not an offence to own a pit bull. Without me giving evidence, it is impossible for the authorities to prove who sold it to me, or gave it to me."
ReplyDeleteMitch: whereas to the legal mind, this statement is quite clear... for a layman's term, after reading the prior section from the Act; the 'burden of proof' in a criminal case needed to be explained.
Replying to Realist:
ReplyDeleteIt is not really the burden of proof. It is just commonsense. The section says it is an offence to give away a pit bull puppy. It is an offence to sell a pit bull puppy. It does not say that it is an offence to receive or to buy a puppy. It is not an offence to deal in pit bull puppies. It is only an offence to give one or to sell one.
If I am found with a pit bull puppy, I must have been given one by or bought one from someone who committed an offence. But, the police will not know who committed the offence unless I tell them. Once I keep my mouth shut, they cannot prosecute the offender, even if they suspect or know who it is.
That is why the law is an ass!
IDM
basically, it's the same as saying it's legal to smoke marijuana, however illegal to grow/produce it. this pit bull/dangerous dog law is rife with inconsistency.
ReplyDelete“It does not say that it is an offence to receive or to buy a puppy. It is not an offence to deal in pit bull puppies. It is only an offence to give one or to sell one.”
ReplyDeleteAs far as section 8 (1) is concerned, there seems not to be any inconsistencies. The words ‘exchange or gift’ have their specific meaning and cover the apparent loophole. According to this section, exchanges or gifts are also offences - it is twofold. The law is well written. Not to mention that there is a license system in place to maintain checks and balances.
Then there is also the question of conspiracy and/or aiding and abetting in a criminal activity, which may be addressed.
Base on your judgment, this is a good case for an appeal. You are the judge; I am the layman - let me know what you think.
Remember Gitte Beyer? Well, she used to live in a big house in the bush at Long Path. She was constantly complaining years ago(maybe 8 yrs) about the Pit Bull fights going on at her road entrance. She complained. She was told to keep quiet. It was the Chief Minister’s nephew. Nothing could be done about it.
ReplyDeleteThe police have known about this activity for over ten years now, and have done nothing to stop it except to get that stupid law passed.