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I am unsure how to link this with my previous post and helpful responses from various contributors.
In summary, a dog walker was charged under Dangerous Dogs Act and a CDO [Contingent Destruction Order] was placed on the dog [it was the dog's second offence/bite] however the owner who was not present at the time of the attack has appealed the CDO and a court date has been set for end September 2025. My understanding is that the CDO means that the dog's owner has to meet certain conditions such as having the dog muzzled in public etc. so providing the dog doesn't bite again the dog won't be destroyed. The dog owner, despite this being a second offence, has appealed the CDO. My questions are:
1. Would a dog who has already bitten in similar, unprovoked circumstances [this is a matter of police record although NFA taken] qualify for the CDO to be over-turned?
2. Am I entitled to see the conditions attached following the CDO order made earlier this year?
3. Am I entitled to see the APPEAL notice by the owner? I am concerned that the full facts of the case were not presented at the hearing earlier this year [dog walker claimed I approached the dog despite their warning not to and this was not corrected by the CPS prosecutor].
4. As the victim, can I write to the Court ahead of the appeal hearing? I understand the Court may [or may not] request an updated Victim Statement, but if they don't request it - can I send one in anyway to put my side of the story across?
I am concerned the dog could attack in similar circumstances and if a child was involved this would be devastating. I understand the owners don't want to muzzle the dog but this is the second time and providing the dog is muzzled - and doesn't cause injury again - then the dog won't be destroyed. This seems perfectly reasonable to me.
5. I have been so worn down by this I haven't considered actually suing the dog owner [only the dog walker was charged] - I was awarded compensation but it won't cover future scar surgery if required, is there a time limit to launch a case or should I wait until after the appeal against the CDO.
Many thanks for any assistance.
In summary, a dog walker was charged under Dangerous Dogs Act and a CDO [Contingent Destruction Order] was placed on the dog [it was the dog's second offence/bite] however the owner who was not present at the time of the attack has appealed the CDO and a court date has been set for end September 2025. My understanding is that the CDO means that the dog's owner has to meet certain conditions such as having the dog muzzled in public etc. so providing the dog doesn't bite again the dog won't be destroyed. The dog owner, despite this being a second offence, has appealed the CDO. My questions are:
1. Would a dog who has already bitten in similar, unprovoked circumstances [this is a matter of police record although NFA taken] qualify for the CDO to be over-turned?
2. Am I entitled to see the conditions attached following the CDO order made earlier this year?
3. Am I entitled to see the APPEAL notice by the owner? I am concerned that the full facts of the case were not presented at the hearing earlier this year [dog walker claimed I approached the dog despite their warning not to and this was not corrected by the CPS prosecutor].
4. As the victim, can I write to the Court ahead of the appeal hearing? I understand the Court may [or may not] request an updated Victim Statement, but if they don't request it - can I send one in anyway to put my side of the story across?
I am concerned the dog could attack in similar circumstances and if a child was involved this would be devastating. I understand the owners don't want to muzzle the dog but this is the second time and providing the dog is muzzled - and doesn't cause injury again - then the dog won't be destroyed. This seems perfectly reasonable to me.
5. I have been so worn down by this I haven't considered actually suing the dog owner [only the dog walker was charged] - I was awarded compensation but it won't cover future scar surgery if required, is there a time limit to launch a case or should I wait until after the appeal against the CDO.
Many thanks for any assistance.