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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2850
Experience:  Partner in national law firm
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my dog has killed two neighbors cats they have taken the dog

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my dog has killed two neighbors cats they have taken the dog to the police my wife wants to know what to do. I have got a call to say that the police are coming to see us today. The dog has got out of the yard several times.

My name is***** and I'm happy to help with your question today. I need to ask you some preliminary questions to be able to help you.
Has anything like this happened before? Do you have any criminal convictions?
Customer: replied 3 years ago.

The dog has got out of the yard several times, it spends its life trying to escape but as far as i know it has not attacked anything. no criminal convictions.

the dog worden/police have drought it back several times when it run off

The first stage of the investigation is for the police to speak to you about this matter and see exactly what happened. Depending on your explanation they may or may not prosecute.
There is no obligation on you to assist the police or answer questions in interview. If there is going to be a formal interview then you should take further legal advice to decide whether you should answer questions or not.
You probably know that a dog out of control in a public place or private place, where it should not be, is a criminal offence under s.3 Dangerous Dogs Act 1991.
If you are prosecuted and the matter goes to court then you will probably get a fine for a first time offence. The court also has power to make a compensation order, disqualify you from having a dog (the test the court should consider is whether you are a fit and proper person to have custody of a dog).
The court could make a destruction order. Alternatively, it may make a contingent destruction order imposing certain available conditions, which include:
keeping on a lead
neutering in appropriate cases; and
excluding it from a specified place.
Happy to discuss further if needed.
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