When it comes to our dogs, they are a beloved and valued member of our family and are treated as such.
Whilst the more recent Dangerous Dog Act 1991 and amendments were said to be introduced to deal with essentially a narrow area of, for example, dogs being used as weapons, it is clear that in most cases it is not used in such scenarios and instead unfortunately snare the normal dog loving owner in what is often a one off unfortunate scenario.
The law concerning dogs has evolved into a complex and specialist area of law. Ensuring that your dog gets the best defence and protection possible needs vigorous and thorough preparation and potential legal argument. Also important is the support of experts giving evidence either to the temperament involved and/or their view re: potential safeguards to help persuade the court that a contingent destruction order be more appropriate than an immediate destruction order.
It is of the utmost importance that as soon as any contact is made prior to an interview under caution or a summons to court that immediate contact is made to ensure everything possible is put in place to successfully defend or put in place all possible measures to mitigate successfully.
Dangerous Dogs Act 1991
S3 (1) relates to the dog being dangerously out of control and now applies to all public and private property and to the person at that time being in charge of the dog. This becomes an aggravated offence if either the dog injures a person or assistance dog whilst out of control. The ‘dangerously out of control’ is determined by the ordinary meaning of the words and there does not need to be an actual attack but reasonable apprehension that it will injure.
S2 Dogs Act 1871
Many are surprised to learn that the above is still good law. This is effectively a civil complaint which can be brought by both the police and by individuals as a private prosecution. These proceedings have to be against the owner of a dog. This relies upon it being proved on the balance of probabilities that the dog was not kept under proper control. There are complex issues to be dealt with in defending such prosecutions due to the unusual nature of the proceedings.
Why choose Gepp Solicitors in Chelmsford and Colchester, Essex?
Elizabeth Bradshaw is a talented Higher Court Advocate with the expertise you require for your dog. As a dedicated dog owner she takes pride in ensuring the best case is prepared on behalf of each valued pet. She has a varied, extensive and prolific experience in representing cases throughout from the initial interview under caution at the Police Station through to successful defence of matters at the Magistrates Court and Crown Court. Every case is given an individual tailored and targeted attention with all support given during the difficult time of dealing with your case.
Get in touch with us on 01206 369889 now for expert representation relating to all type of alleged offences involving dogs in Essex, London and surrounding areas.