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Section 2 Dogs Act 1871This is a civil complaint, although as it is heard in a Magistrates' Court, it is often (wrongly) said to be criminal. It occurs if a dog is not kept under proper control and is dangerous. Generally is dog is regarded as not being under proper control if it is neither on a lead nor muzzled.
Unlike Section 3 of the Dangerous Dogs Act 1991:
it applies regardless of where the incident takes place
proceedings can only be brought against the owner
a dog can show itself to be dangerous in its general behaviour, not just its behaviour towards a person
a single incident is generally insufficient to prove that a dog is dangerous, unless the Court believes that the single incident is exceptional
there is no presumption in favour of destruction of the dog
the Police have no power to seize a dog pending proceedings
the Court has no power to fine or order compensation
The Court has unfettered discretion on what to do to the dog. They may order destruction of the dog but such orders are very rare. The alternative is a Control Order (with or without conditions) and the owner will probably have to pay costs.
:thumbsup: SO SORRY THAT HE'S STILL FEELING INSECURE, BUT AFTER WHAT HE'S BEEN THROUGH, IT'S HARDLY SURPRISING! IT'LL TAKE A WHILE FOR HIM TO REGAIN HIS CONFIDENCE AND ALL YOU CAN DO IS LET HIM KNOW THAT YOU'RE THERE FOR HIM. I'M SURE YOU'VE DONE THE RIGHT THING BY INFORMING THE POLICE, BECAUSE NEXT TIME IT COULD BE A CHILD AND "SHE" WON'T BE ABLE TO PLEAD IGNORANCE! WELL DONE PAT FOR EVERYONES' SAKE AND GIVE HIM A BIG HUG FROM US! :wub:Midas seems to be recovering. Wounds still weeping because he lies on that side (Right)At moment he is in the chair on his left side with his ointment on. How long he will stay
that way is anyones quess ! He still is very worried, won't let me out of his sight. Whinges
when he can't see me.
I decided to inform Police and asked if they would recommend that she muzzles it.
Still waiting to hear from them.!!
Thanks to all for good wishes. Pat and Midas. xxxx
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