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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69531
Experience:  Over 5 years in practice
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My dog nipped the delivery man

Customer Question

My gentle but very nervous family dog has nipped a delivery man. Police have seized him saying he would be back in 2-3 weeks. It now turns out that he won't come back for 2 months. I have already agreed to the control order that they are going to put in place. Is there any way I can get him released from doggy jail earlier. This is so bad for him mentally, I'm not sure how he will be when he gets out but he certainly will be MORE distrustful of strangers. The Police woman instigating this is clearly on a power trip and her colleagues when they saw my dog tried to get the seize order stopped saying he is clearly not a dangerous dog. Can I get him back earlier or at least throw the book at the female PC who has lied several times in the course of the proceedings. Anita

Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Jo C. : Hi. Thank you for your question. My name is ***** ***** I will try to help with this.
Jo C. : sorry for the delay.
Jo C. : what have they seized him?
JACUSTOMER-dfxwex43- :

Hi Jo

JACUSTOMER-dfxwex43- :

They seized him because they are putting in for a control order. they said that until the case is heard he has to stay in the kennels. I have agreed to the control order so no worries there, but what is the point of him being in kennels for 2 months just for the court to tell me something I have already agreed with the police. It's a waste of tax money but more to the point...my poor nervous dog...it's dog cruelty. Do I have grounds to try and get him out before the case.

Jo C. : Do you mean a control order or a contingent destruction order?
Jo C. : Shall I convert this to Q and A for ease of communication?
Jo C., Barrister
Category: Law
Satisfied Customers: 69531
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Expert:  Jo C. replied 2 years ago.
Our chat has ended, but you can still continue to ask me questions here until you are satisfied with your answer. Come back to this page to view our conversation and any other new information.

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If you haven’t already done so, please rate your answer above. Or, you can reply to me using the box below.
Expert:  Jo C. replied 2 years ago.
Can you respond now?
Customer: replied 2 years ago.

I don't know how to get to Q and A

Customer: replied 2 years ago.

How do I get to the Q and A

Expert:  Jo C. replied 2 years ago.
We are in Q and A now.
Do you mean a control order under the Dogs Act?
Or a contingent destruction order under the DDA 1991?
Customer: replied 2 years ago.

A control order. He's not being classed as a dangerous dog.

Expert:  Jo C. replied 2 years ago.
Yes, he is. otherwise there cannot be any order at all.
Have they actually mentioned the Dogs Act 1871 to you?
Customer: replied 2 years ago.

Not as far as I remember. It's a civil case just to lock him in a closed room when a delivery is being done.

Expert:  Jo C. replied 2 years ago.
That does sound like an order under the Dogs Act 1871.
To be wholly honest, I wouldn't suggest taking any action at all.
The trouble with this is that it is almost certainly is an unlawful seizure. Under the Dogs Act 1871 they have no power to seize a dog at all as it is a civil matter. Under the Dangerous Dogs Act 1991 and the surrounding legislation like PACE 1984 there are powers to seize items but only if they are unlawful or they are being seized as evidence. Dogs are not evidence realistically.
If they refuse to return him to you then you could lay a complaint pursuant to the Police Property Act.
It would be a disastrous idea though. The first problem is that it is not practical because it will take months to lay a complaint by which time the court will have heard your case.
The second is that you run the risk that they will be so annoyed by this action that they charge you under the Dangerous Dogs Act 1991 which is a criminal matter. They can be very childish sometimes and take revenge over things like that.
The only other option is to judicially review their decision which can be done quickly but it will cost thousands.
I do see your point about kennel craze. Dogs are not designed to live in kennels and do not generally enjoy it. That doesn't mean they cannot be rehabilitated and you have to balance the risks against the gain here.
It is not a good idea overall. Police Property Act and JRs are all very well if you have money to burn and nothing to lose in terms of dog welfare. In this case, you do.
Sorry if that is bad news.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

Thank you so much for you help. It explains it clearly. Thank you.

Anita

Expert:  Jo C. replied 2 years ago.
No problem and all the best.
Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’.

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