Q: My dog escaped at the weekend and attacked another dog walking nearby with its owner. It took me a while to get to them, by which time the other dog owner had tried to intervene and got bitten. Unfortunately, a child that was with them was also bitten. The owner claimed it was my dog that had bitten them, but I didn’t see which dog did it and there were no witnesses. My dog has never done anything like this before. The other dog owner said she was going to report me to the police. Will they make me put my dog down? Can they prosecute me?
A: The law states it is an offence to own a dog that is dangerously out of control in a public or private place, including on your own property. It is therefore likely that the police may investigate if a complaint is made, and you could possibly be charged under the Dangerous Dogs Act 1991.
As the dog owner and a child were injured it would be classed as an aggravated offence, and if you were charged and convicted the court could either make a Contingent Destruction Order or a Destruction Order. The former Order would allow your dog to live, but impose specific conditions, e.g. muzzling. The latter Order would mean you having the dog destroyed. The decision would be based on factors including your dog’s temperament and behaviour history, any previous recorded incidents or warnings and whether you are considered to be a responsible “fit and proper” owner.
As it seems likely the police could be involved, you should seek legal advice immediately to ensure your rights and your dog’s welfare are protected. Provide your solicitor with as much evidence as you can to support your claim that the attack was contrary to your dog’s usual behaviour and maybe include a report from your vet. Meanwhile, if the police do visit, make sure you cooperate fully with their investigation.
This question has been answered by Euros Jones, a Partner with GHP Legal. If you would like to speak to someone about this or any other legal matter, please visit our website www.ghplegal.com and use the contact us form, or call us on: Wrexham 01978 291456, Llangollen 01978 860313, Oswestry 01691 659194
