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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71130
Experience:  Over 5 years in practice
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My sons dog has been taken by the police because she go out

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My sons dog has been taken by the police because she go out a few weeks ago and that was the third time in two years that she has done it. The officer in charge is determined that she is a dangerous breed even though she was bought as a staffy. So my son got her DNA tested and the results came back that one of her parents was a pure bred staffy but the other one came back with 5 different breeds in it. He took the information to the police station but the officer said that he didnt believe the results and is still insisting that she is a dangerous breed. They are now assessing her and have been told that it could take upto 6 weeks and they are charging £6 a day for her keep, as they will not let her return to the family home. my son has two children aged 2 1/2 and 5 and the dog has never shown any hostility towards anybody at all. The dog was in the family home before the children were born. The police officer is saying that it will most likely go to court and if she has to be put down it will cost them £700 and they would not be allowed to take her to a vet for this to happen and be charged less. This just seems to me to be so unfair could you please advise if there is anything they can do? Is there legal aid they can claim?
Thank you for your question. My name is ***** ***** I will try to help with this.
Are you asking if this is a defence?
Customer: replied 2 years ago.

What I am asking is this right that the police just ignore the DNA results;

Also that she is not allowed back into the family home

Do you think we have a case if they take it to criminal court?

DNA is a non issue and the police can ignore it. It proves nothing.
If the allegation is that this dog is of a type of pit bull terrier then the only issue is whether an expert says it ticks enough boxes on the ADBA test. It's parentage is irrelevant. So is his temperament and what your son though about the breed. There is no defence in not knowing.
The dog expert might conclude he is not a pit bull. Quite often they do.
Even if theh go to court the dog will not be destroyed unless the court is of the view that your son is a completely irresponsible owner. There are not many destruction orders now
Can I clarify anything for you?
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