I retired from the magistracy in 2015 after 17 years mainly as a presiding justice

United Kingdom
My current blog can be accessed at https://thejusticeofthepeaceblog.blogspot.com/

DANGEROUS DOGS ;TIME FOR THE LAW TO BITE BACK

 

04. Jun. 2010. – 12:58:07

Thankfully most people do not come into contact with the legal process with the possible exception of when they are encased in a metal and glass box containing combustible liquid and are travelling in an inappropriate manner but that`s for another time.

There are eight million dogs in the U.K. and of course each has at least a single owner. They are all descended from wolves; that is the dogs are.....although some might say they are higher up the tree of civilisation than some of the owners. The ancient Persians were the first to domesticate dogs and they and later civilisations in Egypt used them as hunting animals, guard dogs and pets. At times domestic dogs were buried as sacred animals in the Anubieion catacombs at Saqqara. Anubis (Inpew, Yinepu, Anpu) was an ancient Egyptian god of the underworld who guided and protected the spirits of the dead.
For many hundreds of years kings and queens of England have employed dogs for hunting and canine association with royalty is very much with us today. Dogs have been bred also for virtues other than the strength of their jaws which is solely related to their head size. Dogs in fiction are known to most of us; Bull`s Eye in Oliver Twist, Rin Tin Tin, Lassie. Alpine dogs and swimming dogs have saved many people in peril; police dogs and dogs for the blind are essential helpers to their human owners. And there perhaps is the nub of the point of this post.....dogs of whatever breed will, generally, behave according to the manner in which they have or have not been trained.

Until 1871 there was no legislation regarding dogs behaving badly. If you were a man of substance you took your gun and shot the offending creature and perhaps also its owner if he resisted. If you were poor it ate the same scraps as its owner and perhaps provided some protection as well as companionship. The Dogs Act of 1871 allowed a complaint to be made to a magistrate under civil law. Such a complaint occurs if a dog is not kept under proper control and is dangerous. Generally a dog is regarded as not being under proper control if it is neither on a lead nor muzzled. Without a complaint the Act cannot be enforced.

After a series of serious dog bite attacks in the 1980s parliamentary knee jerk reaction was to enact the Dangerous Dogs Act 1991 which allowed for the destruction or neutering of certain breeds. Most dog behaviourists and dog trainers agree that it is the dog owners that are the problem with dangerous dogs not the breed. This Act is, to coin a phrase, a dogsbody of law. There is a lack of protection against attacks on private property. This means that postmen and women, or any worker visiting the dog's home, can be attacked without criminal charges being brought against the owner.. I blogged on this and an actual case which demonstrated some anomalies earlier this year on 21st February. But dogs still bite people and people are still seriously injured by dogs. In 2008 4,699 people were admitted to hospital and kept in at least one night with injuries from dog bites. Children under nine were by far the most likely victims.

I have written previously that Scotland in many areas of legislation from car clamping to age of criminal responsibility has shown a lead where common sense and clearly drafted regulation has benefited its people. The Control of Dogs (Scotland) Bill passed its third stage in the Scottish Parliament at the end of April and now looks set to become law north of the border. This new Act importantly places the onus on the owners, not the dogs, to ensure they are properly controlled.

Dog bite incidents which happen dozens of times every day rarely make news unless a child is killed or the people involved can sometimes dubiously be described as “personalities”. Such was the case reported today when Ozzy Osbourne's old boss was fined £2,500 after his dog attacked a cyclist near 

Edenbridge. Patrick Meehan the former manager of Black Sabbath and former chairman of Handmade Films, the financially troubled film company founded by Beetle George Harrison, is an extremely wealthy individual. And paying less than £3,000 including costs for the actions of his dog is not only a puny amount it does not reflect the seriousness of the crime. The punishment under the Dangerous Dogs Act is currently a maximum fine of £5,000 or up to six months` imprisonment. A person convicted of carrying a knife in a public place faces a minimum punishment of imprisonment even for a first offence according to “Povey”. Irresponsible dog owners even if they are multi millionaire media personalities are equally culpable if their “pets” are running free and/or not muzzled and attack innocent bystanders. 



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