If your dog has been seized by the Police you will invariably feel shocked and overwhelmed, as well as being fearful for how your dog is coping with being away from home.  Many owners are unsure as to what will happen next and what they need to do first.

This guide is not exhaustive, but is aimed at explaining some of the initial practical steps you could take immediately after a dog seizure in England & Wales.  This includes some key actions to protect your legal position and help your dog’s welfare while the Police investigation is continuing. 

This blog focuses on seizures under the Dangerous Dogs Act 1991, from the point of seizure up to the Police interview.

Why has my dog been seized by the Police

There are several reasons why the Police may have seized a dog.  The most common situations include:-

1. An allegation that the dog was ‘dangerously out of control’ (Section 3) 

This involves an allegation that the dog injured a person (or assistance dog) or made a person reasonably fear injury.

2. Suspicion that the dog is a banned breed type (Section 1)

Your dog may be seized if the Police believe it is a banned breed type, such as a Pit Bull Terrier type or an XL Bully type, if it has not been exempted from the prohibition. 

A dog may also be seized if it has been exempted but the conditions have been breached (such as being in a public place without a lead + muzzle).

3. Other reasons for a dog being seized include cases involving:-
(a) quarantine or import breaches, or (b) welfare concerns.  However, this blog focuses only on Dangerous Dogs Act 1991 cases (Section 1 and 3). 

What should I do immediately after my dog has been seized

If your dog has been taken by the Police, the first steps matter.  Although you may well be distressed, try to stay calm and take the following actions as soon as possible:-

1. Do not sign anything without understanding it

n some cases, owners are asked to sign a document described as a ‘disclaimer’ or ‘consent form’ or similar.  Depending on the wording, signing may amount to giving up ownership of your dog. There is no obligation on you to sign anything at all at the time of seizure.

If you have signed something and later regret it or did not fully understand it, you should contact the Police without delay.  In some circumstances it may be possible to clarify your position or withdraw consent. 

2. Tell the Police about your dog’s health and welfare needs

You should notify the Police immediately if your dog has:-

• Medical conditions
• Medication requirements
• Allergies
• A special diet or feeding routine

If my dog was seized after an alleged bite (s3 Dangerous Dogs Act 1991)

If your dog has been seized after an alleged incident, start preparing your evidence straight away.

3. Write down what happened, while it’s still fresh in your mind

As soon as you can, write down your recollection of events including things such as:-

• The date and time
• The location
• Who was present
• What happened leading up to the incident
• The incident itself
• Who was in charge of the dog at the time
• Whether there was anything you did (or failed to do) which led to the incident
• Whether there was anything the injured party did (or failed to do) which led to the incident
• (If it was a dog on dog incident) how the altercation started
• Whether your dog was on a lead at the time
• What, if anything, was said by the people present
• Did you see any injury to the injured party
• How the incident ended

4. Identify witnesses and their contact details

Compile a list of all those who were present including (where you have it):-

• Name
• Address / email
• Phone number

5. Check for CCTV or doorbell footage

Look to see whether there may be any recording of the incident.  Sometimes the footage is automatically recorded over after a period of time, so you may need to get this evidence copied ASAP while it is still available

6. Collate character references for you and the dog

In some cases, it may assist to gather character references especially from people that know you and/or the dog particularly well.  This could include professionals (such as a vet / groomer / dog walker) as well as non-professionals like your neighbours, friends and family.  They should all be dated and state the person’s name, address and be signed.

7. Notify your insurers

It will be a condition of your policy that you must notify your third party liability insurers as soon as you are aware of a potential claim.

8. Can I get my dog back while the Police investigation is continuing

There is no ‘bail’ application that can be made for a dog to be returned home.  However, there is nothing to stop you from asking the Police and you can offer to agree to sign up to voluntary conditions in an Acceptable Behaviour Contract.  Whether this is going to be agreed is at the discretion of the Police and their opinion of the dog’s behaviour, the seriousness of the incident and the likelihood of there being a repetition.

What if my dog was seized if it was said to be of a banned breed type (s1 Dangerous Dogs Act 1991)

If your dog has been seized because the Police believe it is a banned breed type that is unregistered, or if it is exempted but some of the conditions are said to have been breached, then there are initial steps you can take:-

9. If your dog is exempt, collate the exemption documents

• Certificate of Exemption
• Microchip registration
• Dogs Trust Companion Club membership
• Proof of neutering

10. If your dog is not exempt, you could collate

• Microchip registration
• Proof of neutering (if done)
• Photos to show that the boundary is secure

In either case you should also start to collate character references for you and your dog (as per 6 above).

If the dog was seized due to alleged breach but you don’t accept there has been a breach, then also collate evidence (as per 3-5 above).

In common with a Section 3 case, there is no formal ‘bail’ application that can be made for a dog to be released.  However, there is provision for you to request to the Police that they release the dog under the Interim Exemption Scheme.  For this to be possible the dog must have been neutered, and the Police must be satisfied that the dog is not dangerous.  The decision remains at the discretion of the Police.

What about the Police interview

It is prudent to obtain specialist advice prior to a Police station interview, particularly if you’re facing an allegation under the Dangerous Dogs Act 1991. 

For attendance at the interview itself, you’re probably entitled to free and independent legal advice and so you should ask for the Police to arrange for a duty Solicitor or legal advisor to be provided.

Trevor Cooper, Solicitor

How we can help

If you need specialist legal advice in relation to your dog (or cat), please call us at Cooper & Co Solicitors on our landline number of 01227 20 33 20 during normal office hours.  Subject to a conflict check, we can usually offer a fixed fee telephone call for £75 + VAT for up to 20 minutes.

If you’ve received a summons to attend at a Magistrates’ Court under Section 3, Section 1 or Section 4B of the Dangerous Dogs Act 1991 we usually provide initial phone advice for free.

 

DISCLAIMER

This blog is provided for general information and does not constitute legal advice.  You should always seek tailored advice from a suitably qualified and experienced lawyer.  We do not sell insurance nor do we recommend any particular insurance provider or policy.

Cooper & Co Solicitors, 19 Palace Street, Canterbury, CT1 2DZ.

Tel : 01227 20 33 20
Email : admin@doglaw.co.uk 
Website : www.doglaw.co.uk

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