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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11753
Experience:  30 years as a practising solicitor.
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My dog bit a neighbour. They have reported it to the police.

Customer Question

Hi. My dog bit a neighbour. They have reported it to the police. What happens next? We live in scotland
Submitted: 1 year ago.
Category: Scots Law
Customer: replied 1 year ago.
Will my dog be taken away? Will my dog be destroyed? She hss never bitten before. My neighbour reached into my csr to pet her and she bit her arm. It is a small bite which required 2 stitches. At the time they were okay about it but the wound became infected, which seems to have changed their minds. The neighbours said that they told the police that they didn't want the dog to be destroyed but that they felt that they should report it . What are the best steps I can take to protect my dog?
Expert:  JGM replied 1 year ago.

If this is a one off then it's unlikely that the dog would be taken away or destroyed. It is likely that the neighbour startled the dog by reaching into the car which of course he would consider his territory. The law says, under section 49(1) of the Civic Government (Scotland) Act 1982 that it is an offence for any person to allow any creature, including a dog, to cause injury or danger to any other person who is in a public place or to give that person reasonable cause for alarm or annoyance. Any person convicted for such an offence is liable to a fine not exceeding £500. Section 49(2) of the 1982 Act permits any person to apply for a court order in relation to annoyance caused by an animal kept in the vicinity of where the person resides. In addition the local authority could serve a Dog Control Notice with conditions such as having to muzzle the dog etc. But as I say I don't think that the procurator fiscal would instigate a prosecution where a police report says that the dog has never caused harm before. Happy to discuss further. I hope that helps. Please leave a positive rating so that I am credited for my time.

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Customer: replied 1 year ago.
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Customer: replied 1 year ago.
I'd like to know if the police would have the right to seize my dog if they come to my house in the next few days. Can I refuse this without a warrant? Do the police have a discretion in these cases? Many thanks
Customer: replied 1 year ago.
Not sure if you have my number through the system - it's ***********
Expert:  JGM replied 1 year ago.

They won't. The dog would have have been dangerously out of control which it wasn't. The neighbour stuck a hand into the car.

Expert:  JGM replied 1 year ago.

Sorry that should read ...the dog would have to have been dangerously out of control.....