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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70699
Experience:  Over 5 years in practice
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I have an 11 year old Staffordshire terrier that has cancer

Resolved Question:

I have an 11 year old Staffordshire bull terrier that has cancer and is on steroid medication. A 12 year old boy was at our house spilt something on floor and was wiping it up when he looked up and our dog which was there bit his upper lip making it bleed and his parents have taken him to hospital despite the bleeding stopping and he may require stitches. The dog has never bitten anyone and is in a house that constantly has children including my 12 year old daughter and 5 year old granddaughter without any problems. If this incident is reported to the police could she be taken off us and what can we do to protect her. She is very much loved by all the family and they are all distraught about this incident.
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.
She could be seized. They do that sometimes.
If they do though they will need to apply to court for a destruction order which they do not usually get unless owners take literally no preventative measures at all.
If this dog has actually bitten then they probably will want to prosecute. Facial injuries always look worse and it is always emotive when it involves a child.
Howerver, destruction orders are fairly rare. Usually they prefer contingent destruction orders with specific conditions. You might have to agree caging or keeping her in another room when visitors come to the house and probably muzzling and leading in public.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

can they enter the premises without a court order and what about if the dog is not on the premises and I do not know where she is?

Expert:  Jo C. replied 2 years ago.
No, but they do abuse S5 of the DDA.
They will either seek or warrant or get you to consent. Amazing how many people do consent.
I would like to see these warrants judicially reviewed as they very rarey have any merit to them but I suppose people need to be on legal aid for that to be an option.
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