Dog Law
Dog Law

 

A mans best friend loyal to the end, losing your dog is something none of us want to contemplate. We would keep our dogs throughout our life with us if we could. So if you are facing court proceedings because your dog has bitten someone or simply that it is alleged to be an illegal breed, you want a solicitor with specialised knowledge in this area on your side to ensure that your dog is returned to you safely.
Whatever the circumstances, if the police want to interview you, you have received a summons or you want to appeal a destruction order made in the Magistrates Court we can provide advice and assistance. We also work with various organisations such as The Bull Breed Advisory Service and Deed Not Breed who provide support and advice to owners.
Contact us as soon as possible if you are facing any of the following:
•Section 1 Dangerous Dogs Act 1991 or Section 4(b) Dangerous Dogs Act 1991
The following breeds are unlawful to possess:
Pit Bull Terrier 
Japanese Tosa
Dogo Argentino 
Fila Braziliero
These dogs can be seized and will be examined by a police expert to establish what type your dog is. If they believed it to be one of the above breeds it is likely that the dog will remain in police kennels. We can help by instructing our own experts to examine the dog and confirm its type and also to assess its behaviour. The owner must prove to the court that the dog is not a danger to public safety and if satisfied the court will add your dog to the index of exempted dogs.
•Section 3 Dangerous Dogs Act 1991
This offence is a criminal offence which alleges that the dog was out of control in a public place. The owner of the dog or the person in charge of the dog at the time can be prosecuted. There is a presumption that if the dog has bitten a person then it was dangerously out of control.
Your dog could be seized during these proceedings and the onus is on the owner to prove to the satisfaction of the court that the dog does not pose a danger to the public. We have a team of expert witnesses who we can call upon to assess your dog and prepare a report assessing its behaviour to help the court when determining this issue.
•Section 2 Dogs Act 1871
This is a civil complaint rather than a criminal offence but it is still dealt with by the Magistrates Court. It is brought when there is a complaint that the dog is not kept under proper control and is dangerous. It can apply to any location but only the owner can be held to be responsible. 
There is no power to seize the dog and there is no presumption of destruction of the dog however it can still be ordered.
Links
http://www.deednotbreed.org.uk/
http://www.bullbreedadvisoryservice.com/

A man's best friend loyal to the end, losing your dog is something none of us want to contemplate. We would keep our dogs throughout our life with us if we could. So if you are facing court proceedings because your dog has bitten someone or simply that it is alleged to be an illegal breed, you want a solicitor with specialised knowledge in this area on your side to ensure that your dog is returned to you safely.


Whatever the circumstances, if the police want to interview you, you have received a summons or you want to appeal a destruction order made in the Magistrates Court we can provide advice and assistance. We also work with various organisations such as The Bull Breed Advisory Service and Deed Not Breed who provide support and advice to owners.


Contact Adam Hollis at our Chesterfield office on 01246 231288 as soon as possible if you are facing any of the following:


Section 1 Dangerous Dogs Act 1991 or Section 4(b) Dangerous Dogs Act 1991

The following breeds are unlawful to possess:

  • Pit Bull Terrier
  • Japanese Tosa
  • Dogo Argentino 
  • Fila Braziliero

These dogs can be seized and will be examined by a police expert to establish what type your dog is. If they believed it to be one of the above breeds it is likely that the dog will remain in police kennels. We can help by instructing our own experts to examine the dog and confirm its type and also to assess its behaviour. The owner must prove to the court that the dog is not a danger to public safety and if satisfied the court will add your dog to the index of exempted dogs.

Section 3 Dangerous Dogs Act 1991

This offence is a criminal offence which alleges that the dog was out of control in a public place. The owner of the dog or the person in charge of the dog at the time can be prosecuted. There is a presumption that if the dog has bitten a person then it was dangerously out of control.
Your dog could be seized during these proceedings and the onus is on the owner to prove to the satisfaction of the court that the dog does not pose a danger to the public. We have a team of expert witnesses who we can call upon to assess your dog and prepare a report assessing its behaviour to help the court when determining this issue.


Section 2 Dogs Act 1871

This is a civil complaint rather than a criminal offence but it is still dealt with by the Magistrates Court. It is brought when there is a complaint that the dog is not kept under proper control and is dangerous. It can apply to any location but only the owner can be held to be responsible. 
There is no power to seize the dog and there is no presumption of destruction of the dog however it can still be ordered.

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