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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70198
Experience:  Over 5 years in practice
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In a very unfortunate incident a few weeks ago our dog

Resolved Question:

Hi. In a very unfortunate incident a few weeks ago our dog (on a lead) bit the arm of a young child that ran up to it. The child was checked at hospital and was not seriously injured. The Police took our dog on Friday but have given us very little information as to what happens, we have been told that he will be assessed and detained until it comes to court. Do we need to engage a solicitor? Thank you.
Anne
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.
Yes, you do.
What is the breed of your dog?
Customer: replied 2 years ago.
He Is a black long haired German Shepard, possibly a cross (rescue dog) we have had him 4 yrs since a puppy.
Expert:  Jo C. replied 2 years ago.
Ok.
No previous incidents?
I presume you consented to him being removed?
Customer: replied 2 years ago.
No previous incidents. I didn't feel we were given any choice but to release him. I don't think we were asked for consent as such. I cooperated with them by travelling with him in their van to a holding room for him at the Police station.
Expert:  Jo C. replied 2 years ago.
They don't have authority to seize dogs in this sort of situation. S5 Dangerous Dogs Act allows for seizure but it is quite prescriptive and widely abused. Anyway, that is another issue.
You do need a solicitor. If you can pay privately then this firm are specialists
http://www.doglaw.co.uk/
In terms of what will happen, it depends on a number of factors. I think they must be considering a prosecution since they have seized him.
Either way, you will almost certainly get him back under a contingent destruction order. Dogs are very rarely destroyed now unless, of course, people do not prepare properly.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.
Could you clarify contingent destruction order please.
Expert:  Jo C. replied 2 years ago.
Yes, what would you like to know about it?
Customer: replied 2 years ago.
Would there be certain conditions imposed relating to his return to us and would he then be destroyed if these were breached?
Expert:  Jo C. replied 2 years ago.
Yes, they will impose conditions. It is difficult to pre empt in this forum but a muzzle in public is an obvious one.
Whether he would be destroyed upon breach is more complicated. The goal is not to breach the orders and if you get the right order it doesn't tend to be complicated. Your dog would be at risk if there were a breach and harm were caused.
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