Can the police lawfully seize a dog under s.5(1)(c) of the Dangerous Dogs Act 1991, even though there are no grounds for reasonable apprehension that the dog will injure any person, but there are grounds for reasonable apprehension that the dog will injure any person pursuant to s.10(3) of the Act, based on previous conduct; &
Can a dog still be deemed ‘dangerously out of control’ for the purposes of s.5(1)(c) of the Act, even if the dog in question is securely on its lead?
Following the case of R (Andrew) v Chief Constable of Thames Valley Police  EWHC 887 (Admin) the answer to both questions is ‘Yes’
If the court are satisfied that your dog is not a danger to the public, your dog will be added to the Index of Exempted Dogs. Subject to certain conditions being satisfied, your dog might then be allowed to return home.
If you’re currently under investigation or subject to criminal proceedings brought under the Dangerous Dogs Act 1991 legal advice is essential, especially as a conviction might lead to both the destruction of your dog and an order prohibiting you from keeping a dog.
If you would like to speak with one of our lawyers in confidence, please contact the Public Defender Service at any one of our four offices. We are available 24hours a day, 365 days of the year.