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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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A delivery man just called. My Alsatian dog managed to slip

Customer Question

A delivery man just called. My Alsatian dog managed to slip by me and the man ran for the gate. My dog nipped his bottom. I do not think he penetrated his trousers or skin but I don't
know for sure. He said that he was going to report it. What are the possible consequences.
Can the police take the dog away?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you wit this.

Alex Watts :

No, the Police can not take the dog away

Alex Watts :

They would need to issue proceedings against you and get a Destruction Order against the dog

Alex Watts :

Then and only then can they take it away

Alex Watts :

But usually if the dog is well behaved you would be subject to a dog control order

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-hyz80z4x- :

Dear Alex,

JACUSTOMER-hyz80z4x- :

Dear Alex, Thank you. Can he still report it to the police even if he was not injured but just scared by the dog. ***** *****

Alex Watts :

Yes. The law requires that you have control of your dog in a public place, private place or your own home.

Alex Watts :

If the dog was out of control (and it nipped the delivery man) then there is POTENTIAL.

Alex Watts :

I am not saying anything will happen, but potentially it could

Alex Watts :

Does that clarify?

JACUSTOMER-hyz80z4x- :

Yes. I will come back should I need further advice.

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
I am sorry but I am afraid the answer you have been given is wrong
They can and regularly do seize dogs in these circumstances. There is an arguable power under s5 dangerous dogs act and a certain power under PACE.
Of course, they may not. They often don't but they can be unreasonable sometimes. If this is a delivery man then that is a news topical issue.
Either way, it is unlikely that a destruction order would be made in the long run but there is a risk of seizure.
Can I assist further?
Jo