• Welcome to the LegalBeagles Consumer and Legal Forum. Please register to get the most out of the forum. Registration is free and only needs a username and email address.
  • Please note that LegalBeagles is a public forum and the main areas are accessible to all, and as such, please take care your username or posts do not identify you. There is no need to post claim numbers, names or precise amounts to get support with your case. When uploading documents please ensure that you have properly redacted your personal details. Thank you.

Seizure of Dog under Section 5(1)(c) of the Dangerous Dogs Act

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • #16
    They'll have used something similar to this in order to decide whether or not to seize the dog - https://assets.publishing.service.go...-enforcers.pdf Click image for larger version

Name:	dogs-guide-enforcers_005.jpg
Views:	2
Size:	56.4 KB
ID:	1404577
    Attached Files
    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

    It doesn't matter where your journey begins, so long as you begin it...

    recte agens confido

    ~~~~~

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    I can be emailed if you need my help loading pictures/documents to your thread. My email address is kati@legalbeaglesgroup.com
    But please include a link to your thread so I know who you are.

    Specialist advice can be sought via our sister site JustBeagle

    Comment


    • #17
      Originally posted by Kati View Post
      unfortunately this would not apply ... the police would say that they have seized the dog after obtaining information regarding an incident (possibly due to a complaint by the other party?). As such, they would have 6mths to take it to court after detaining the animal/being told about an incident. They will probably use as much of that time as possible in order to ascertain how likely they are to get a 'conviction'
      OK, thanks. As I said, the dog was seized a week after the incident so the 6 months since the seizure is in a few days - at that point S127 of the Magistrates' Court Act then precludes any prosecution by the police?

      Comment


      • #18
        Originally posted by Kati View Post
        The owner needs to find out if the police have decided to test the dog under bsl rules ... if so then any challenge will need to take that into account.

        A formal complaint to the police about their not being kept informed could result in the police telling the owner where the dog is being kept, but until the owner knows exactly why the dog is being held there would probably not be much progress apart from that. The owner will not be permitted to see the dog while it is being detained.
        I believe at the time of the seizure the officer stated that the dog would be returnd in a few days after being assessed by a dog specialist. 6 months is not a few days. If they have not had the dog assessed, surely that constitutes gross negligence on the part of the police?

        Comment


        • #19
          Originally posted by Kati View Post
          although I'm doubtful that will work (see my previous posts) ... the police will likely be looking to test the dog to see if it fits the 'type' for BSL as there has been an incident (post #4). As such they will argue that the seizure is necessary/not unlawful at this time
          At the time of the seizure, the officer stated in writing that the dog was seized under S5(1), and this was later clarified by his senior officer as S5(1)(c) ie "dangerously out of control" not a banned breed. Can the police turn around 6 months later and retrospectively change the grounds for the seizure? That seems like perverting the course of justice to me.

          Comment


          • #20
            Originally posted by Kati View Post
            They'll have used something similar to this in order to decide whether or not to seize the dog - https://assets.publishing.service.go...-enforcers.pdf Click image for larger version

Name:	dogs-guide-enforcers_005.jpg
Views:	2
Size:	56.4 KB
ID:	1404577
            That's VERY helpful. Thank you very much.

            Comment


            • #21
              Originally posted by 3guesses View Post

              I believe at the time of the seizure the officer stated that the dog would be returnd in a few days after being assessed by a dog specialist.
              the assessment, while it should be timely, needs to be carried out by a specially trained person (quite often a police officer) ... from the sounds of it they will be measuring the dog to ascertain if it is 'of type' for BSL

              this might be worth a look at - https://www.rspca.org.uk/getinvolved...gownership/bsl

              Debt is like any other trap, easy enough to get into, but hard enough to get out of.

              It doesn't matter where your journey begins, so long as you begin it...

              recte agens confido

              ~~~~~

              Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

              I can be emailed if you need my help loading pictures/documents to your thread. My email address is kati@legalbeaglesgroup.com
              But please include a link to your thread so I know who you are.

              Specialist advice can be sought via our sister site JustBeagle

              Comment


              • #22
                Originally posted by 3guesses View Post

                At the time of the seizure, the officer stated in writing that the dog was seized under S5(1), and this was later clarified by his senior officer as S5(1)(c) ie "dangerously out of control" not a banned breed. Can the police turn around 6 months later and retrospectively change the grounds for the seizure? That seems like perverting the course of justice to me.
                if they have stated they are assessing the dog, they will be assessing it under BSL regs

                Debt is like any other trap, easy enough to get into, but hard enough to get out of.

                It doesn't matter where your journey begins, so long as you begin it...

                recte agens confido

                ~~~~~

                Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

                I can be emailed if you need my help loading pictures/documents to your thread. My email address is kati@legalbeaglesgroup.com
                But please include a link to your thread so I know who you are.

                Specialist advice can be sought via our sister site JustBeagle

                Comment


                • #23
                  Originally posted by Kati View Post
                  the assessment, while it should be timely, needs to be carried out by a specially trained person (quite often a police officer) ... from the sounds of it they will be measuring the dog to ascertain if it is 'of type' for BSL

                  this might be worth a look at - https://www.rspca.org.uk/getinvolved...gownership/bsl
                  There's no way the dog would conform to a pitbull (or other banned breed) specification.

                  I'm not sure how the police could argue that they are doing the assessment in a timely fashion if they still haven't completed it after 6 months.

                  Comment


                  • #24
                    Further update: the owner has now received a summons to appear at court. The summons states "Date signed: 14/05/2018 11:46", and the incident occurred on 14/11/2017 at 10:15am so the complaint was not actually made within the 6-month time limit prescribed in S127 of the Magistrates' Court Act 1980.

                    Now that the owner has been charged, are they entitled to access to all of the evidence against them that is held by the police?

                    Comment


                    • #25
                      The complaint would have been laid before the court prior to the summons being issued.
                      The time limit applies to the laying of information, not the issuing of the summons
                      It is settled law that an "information" can be laid at court within 6 months but served later.


                      Regarding disclosure of evidence see here:https://www.cps.gov.uk/legal-guidanc...ce-information

                      Comment

                      Announcement

                      Collapse
                      No announcement yet.
                      Loading...

                      upgrade to vip

                      Want exclusive access to forums, more privacy and a live chat box? Upgrade to become a bigger part of our community.

                      only £15/yr

                      Offers available. No subscription traps.

                      sign up now



                      Search and Compare fixed fee legal services and find a solicitor near you.

                      Find a Law Firm


                      Working...
                      X