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