Hello my name is ***** ***** I will help you with this.
Do you have any warning signs that you have a dog please?
Yes on all my entrances at the front and rear has signs saying guard dog do not enter.
Ok and the dog was tied up when it attacked?
Yes the dog was tied up and was at the full extent on the rope the neighbour had enough warning that the dog was their, but when viewing the cctv you can see the neighbour completely ignored him and carried on approaching him.
Did you show the Police the CCTV too?
Ok. That may have been an idea to show that he ignored it.
As of 13 May 2014 the law changed so it can be an offence to have a dangerous dog even on private land. Before private land was excluded.
Section 3 of the Act states:
If the owner or, if different, the person for the time being in charge of a dog allows it to enter a place which is not a public place but where it is not permitted to be and while it is there—
(a)it injures any person; or
(b)there are grounds for reasonable apprehension that it will do so,
he is guilty of an offence, or, if the dog injures any person, an aggravated offence, under this subsection.
However here your dog is not out of control.
It is tied up and you also have warning signs.
The police are saying that my dog is out of control and have told me not to have it tied at the front of my property.
Ok, but it can't get out, it is tied up and you have warning signs.
I do not see what else you could have reasonably done.
It only needs to be out of control in a public place.
Section 3(3) which I quoted above applies to you
Therefore on the basis it was tied up and you had warning signs, I do not see how it is out of control
How ever the dog is only tied up when I'm working at the front of the property ie its only tied up when I'm there I dont leave it tied up all day and I go off to work all day. When the dog begain barking I normally appear within a few seconds to see what the problem is and the person is normally stopped half way down my drive and I then approach them to see what they want. On this occassion the neighbour didn't stop.
The new changes are to reflect what has happened recent years, ie killing children in the home.
There could be a civil claim damaged clothing but that is another matter
The person didnt help themselves, the dog is tied up, it was barking, you have sigs.
* signs *
I do not see what else you could have been expected to do
Can the Police serve me with a order or contract as they put it that I can not have my dog tied up.
The police said they will be coming back to serve such an order in a couple of days
Hi Alex are you still there
The Police can't but the Court could.
However of course the risk is if you dont accept such an order it could go to Court.
This could mean you lose the dog, its subject to control or they could destroy it
But before you accept this, ask the Police to look at the CCTV
if it goes to court from a legal point of view how do I stand
Potentially it was out of control because it had the ability to bite someone
But the victim didnt exactly help the situation
But do you want to run that risk?
If there was an injury its likely the Court will consider it dangerous
But what would be my defence and in your experience would the court actually do anything ?? surely something like this dont the CPS have to decide whether the police have a case for me to answer to.
Just because its on a lead does not absolve you of responsibility
In reality you dont have a defence
The dog attacked someone
Therefore it appears that on balance notwithstanding the dog was on a lead because it attacked someone that would be enough for a conviction
The dog did his job on both counts it warned the individual first by barking and then attacked him for not backing off. my property in the past 10 years has had 9 attempted break ins all have failed because they disturbed me. Police have this on record. So i decide to get a dog as a detterent but unfortunatley forgot to factor in that their are stupid people out their.
Yes but the fact remains the law says it is out of control if it attacks someone. It did. That is not a defence.
I am sorry but yes you cant predict people being stupid
Ok Alex thanks for your help and looks like i have some thinking to do on what to do next.
One more thing before I go should I admitt to the dog attack as theire are no witnesses.
I am sorry that this is not the answer you want and not the one I want to give you, but I have a duty to be honest
Can I clarify anything for you about this today please?
No, but you have CCTV so you can't lie
Yes I have cctv but I dont have to show that camera or can they demand to seize my cctv equipment.
They can seize it yes
Dont make it worse for yourself.
If the Police are going to issue a warning and that's it, I would take it
Ok thanks for your help Alex.
Great. If I could ask you to rate my answer before you go today, the button should be at the bottom of the screen
If you need more help please click reply