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

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  • #31
    I guess I'm just an extremely cynical person 8-)

    One more question: would the owner be able to request a jury trial if they so wished?

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    • #32
      The accused can elect for trial by jury in a crown court for either way offences

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      • #33
        Originally posted by des8 View Post
        The accused can elect for trial by jury in a crown court for either way offences
        OK, thanks for that information.

        Further update: the owner has been advised by a spcialist solicitor that if their dog caused injury then they are guilty of having a dog dangerously out of control and anything else is just mitigating circumstances, so I guess it's just a case of extremely poor legislation. The law is an ass, as they say.

        One other idea has come to mind however: Article 6 of the Human Rights Act grants the right to a fair trial. My question: is it a fair trial if someone is tried for the consequences of another person's criminal actions? I don't know if that is a simple yes or no answer, but I would have thought such an issue has been raised before.

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        • #34
          Originally posted by 3guesses View Post

          OK, thanks for that information.

          Further update: the owner has been advised by a spcialist solicitor that if their dog caused injury then they are guilty of having a dog dangerously out of control and anything else is just mitigating circumstances, so I guess it's just a case of extremely poor legislation. The law is an ass, as they say.

          One other idea has come to mind however: Article 6 of the Human Rights Act grants the right to a fair trial. My question: is it a fair trial if someone is tried for the consequences of another person's criminal actions? I don't know if that is a simple yes or no answer, but I would have thought such an issue has been raised before.
          what happened in this case?

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