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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69379
Experience:  Over 5 years in practice
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my sons dog was accused of biteing a girl last week police

Customer Question

my sons dog was accused of biteing a girl last week police have not given us many details but the... y asked if possible dog knocked her down did not mention word bite . dog was tied tied outside shop and my son was in shop so didn't see incident. police charged my son with having a dangerous dog but dog 9 years old has a gentle nature nothing like this has ever happened before .several hours after my son was charged police came and took dog away will not tell us where he is my son is heart broken he has had max from a puppy . can police put dog to sleep before my son goes to court he has appt with lawyer tues 14th may
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.

Remus2004 :

HI. Thank you for your question . My name is Jo and I will try to help with this.

Remus2004 :

What is the breed of dog?

Remus2004 :

Is he charged with S1 or S3 please?

Remus2004 :

ARe you ok?

JACUSTOMER-qodi8159- :

it is a bull mastiff x ridgeback

Remus2004 :

Is this a S3 charge then?

JACUSTOMER-qodi8159- :

don't know said dangerous dogs act 1991

Remus2004 :

Yes, it will be the DDA. Its probably S3.

Remus2004 :

How old is your son?

JACUSTOMER-qodi8159- :

4oyears

Remus2004 :

Does he have any previous convictions?

JACUSTOMER-qodi8159- :

not related to dogs had convictions when younger not been in trouble for 10 years

Remus2004 :

For what? It would make a difference.

JACUSTOMER-qodi8159- :

used to have drug problem has been clean 10 years

Remus2004 :

Thanks.

Remus2004 :

How bad were the injuries?

Remus2004 :

Can you respond?

Remus2004 :

I will need to know this to tell you whether they will make a destruction order.

JACUSTOMER-qodi8159- :

don't know when my son saw her had burst lip but could not see sign of bite had small cut forehead

Remus2004 :

Ok. I just need 10 mins to type out an answer if thats OK?

JACUSTOMER-qodi8159- :

yes

Remus2004 :

Obviously it's difficult for me in this forum to tell your son whether he should plead guilty or not. That is really advice that should be taken from somebody with full vision of the case.

If he does plead guilty or if convicted then the future of the dog must be decided.

The old law required that a dog in that position be destroyed but the DDA was amended in 1997 to allow courts to impose different orders.

The presumption is still in favour of destruction. A court can make a contingent destruction order it satisfied that the dog would not present a danger to public safety.

This is a fairly old dog with no previous incidents. It doesn't sound as though it's the worst injury in the world.

I don't think that the court will be concerned about the dog per se. Probably a contingent destruction order would be appropriate.

There is very helpful case law called Flack.

Probably the court would impose a condition but the dog is muzzled in public but it shouldn't be impossible to keep him alive.

I do lots of this type of work and I very rarely lose dogs because of the temperaments of the dog. Sometimes courts do destroy dogs but basically because they take the view that the owner is irresponsible. I'm not sure that's likely to be made out here. The dog was on lead and tied up. Your son has a bit of previous but it's all quite old and anyway it's dissimilar.

Hope this helps.

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