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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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Hi I was standing at the kerb with my dog sitting down on my

Resolved Question:

Hi I was standing at the kerb with my dog sitting down on my left side facing the road. My friend was also to my left holding a ball thrower in her right hand. As you can see there was not a lot of room between us. Her dog was to her left. Both dogs were on the lead and were quiet and well behaved. Suddenly a jogger wearing head phones ran directly between us though there was plenty of room to go round us. She made contact with my dog. He was obviously surprised and scared as he had not seen the jogger coming. Unfortunately he nipped her leg in reaction drawing blood. He has never bitten anybody before. I am worried about any legal repercussions. I am not sure what I could have done to avoid the situation as the jogger chose to run between the middle of us. Please advise if I would be liable in any way & whether my dog would be deemed dangerous.
Submitted: 2 years ago.
Category: Law
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 the law is against you on this point. The Dangerous Dogs Act 1991 is a stupid piece of legislation that we should tear up immediately. It doesn't give you a defence in saying that the victim was a poor dog handler. I do a lot of this type of work and I think in 90% of cases if the victim had been more dog savvy it wouldn't have happened.
Come what may, your dog injured this person and that is an offence under S3.
They won't destroy him. They would just make a contingent destruction order.
It might be that the police bring it under the Dogs Act 1871 which is just a civil matter and then you would just get a control order.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

What is a contingent destruction order ?

Expert:  Jo C. replied 2 years ago.
The courts think of it as a suspended order of destruction. So if you don't comply with the conditions the dog will be destroyed.
What they don't know is that it is mostly unenforceable as there is no offence in breach.
Jo C., Barrister
Category: Law
Satisfied Customers: 69786
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Would the destruction order be something that I would have against me like a criminal matter that needs to be declared if for example I was to apply for another job.

Expert:  Jo C. replied 2 years ago.
Not the destruction order but if they bring it under S3 Dangerous Dogs Act 1991 then that is a criminal offence and it would need to be declared.
It isn't really a proper offence. It is one of strict liability so it says nothing about your character. This piece of legislation hits at middle England as well as the criminal classes so lots of very nice people do have a conviction under this Act. Princess Anne has a conviction under S3.

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