Dangerous Dogs

MC Chambers | Top KC-Led Direct Access Dangerous Dogs Offence Barrister’s Chambers – London & UK

We are a top KC-led direct access specialist dangerous dogs offence barrister’s chambers with vast experience and stunning successes.

Our expert barrister Catherine Daly, has owned and fostered dogs for many years from greyhounds to huskies. She currently owns two Belgian Malinois x Rottweilers. She knows something about living with dogs! Whilst Kieran’s dog is in a different class to Catherine’s (a miniature dachshund) he has experience of dealing with these types of cases and is currently representing a premiership footballer who faces such an allegation.

Sadly, she also knows about the sometimes-irreparable damage that bad handling and bad breeding can cause. The rise in dog attacks across the UK is alarming. Catherine feels strongly that this is not due to ‘bad’ or ‘dangerous’ dogs.

There was a huge increase in dog ownership and breeding during Covid-19 and this means that there are more people breeding dogs and more first-time dog owners. Catherine’s view is that the result is an increased number of poorly bred dogs in the hands of inexperienced owners.

The recent legislation on XL bully ‘types’ is just one of many new pieces of legislation that dog owners will likely have to grapple with in the coming years.

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MC Chambers | Top KC-Led Direct Access Dangerous Dogs Offence Barrister’s Chambers – London & UK

Catherine Daly - Top KC led Public Direct Access Dangerous Dogs Offence Charge Lawyer Barrister Chambers - London & UK

Best KC-Led Direct Access Dangerous Dogs Offence Barrister’s Chambers | Catherine Daly Best Dog-Related Specialist Lawyer – London & UK

In a case which involves a dog dangerously out of control, the police/prosecution have a choice. The dog owner may receive a civil complaint under the Dogs Act 1871 (DA 1871) for an order for the control or destruction of a dog, a criminal prosecution under the Dangerous Dogs Act 1991 (DDA 19) – or potentially both.

The police can make an application to the magistrates’ court under Section 2 of the DA 1871. This application would be made against the owner of a dog,considered to be dangerous, for its control or destruction.

Catherine Daly - Best Public Direct Access KC led Dangerous Dogs Offence Charge Lawyer Barrister Chambers - London & UK

Best Dangerous Dogs Charge Defence Barrister’s Chambers | MC Chambers Top Lawyers – London & UK

Catherine Daly – Expert Barrister

Catherine appears in the Crown Court, the Magistrates Court, the Court of Appeal, and in front of Parole Boards. She deals with both minor offences, like driving, and serious cases involving violence, sex offences and drugs, and has a string of stunning successes. She often represents clients with vulnerabilities and continues to receive outstanding client feedback.

One of many 5 star Google reviews: “Catherine Daly is an exceptional criminal defence barrister who exemplifies professionalism, expertise, and unwavering dedication. She demonstrated an unparalleled commitment to my case, ensuring every aspect was meticulously examined and skilfully represented. Her profound knowledge of the law, coupled with her strategic insight, led to a successful outcome beyond my expectations. Catherine navigates complex legal proceedings with precision and poise.”

Catherine Daly Expert Dangerous Dogs Offence Lawyer | Best Direct Access Barrister’s Defence Chambers | MC Chambers – London & UK

The Dogs Act 1906 (DA 1906) amended the DA 1871 by defining a dog as ‘dangerous’ where it injures cattle, poultry, or chases sheep (s.1(4)). Section 7 of the 1906 Act defines ‘cattle’ to include horses, goats, mules, asses, sheep, and swine. An order under Section 2 DA 1871 can be made, whether the dog has injured anyone or not. A civil complaint under Section 2 DA 1871 must be proved on the balance of probabilities, a lower standard than the criminal standard of making the Judge/jury ‘sure’.

‘Dangerousness’ is about a dog’s disposition rather than its actions. A dog of any size can be ‘dangerous’ – to other animals as well as to humans (Briscoe v Shattock [1998] EWHC Admin 929.) Dangerousness can be decided without the dog having caused any injury.

A criminal prosecution can be bought under the DDA 1991.

Section 1(3) of the DDA 1991 Act makes it an offence to be in possession of any of the following four types of dog unless they are exempt. XL bullies may soon be added to this list.

  • Pit Bull Terrier
  • Japanese Tosa
  • Dogo Argentino
  • Fila Braziliero

‘Type’ has a broader meaning than ‘breed’ which means that the court can find a dog to be one of these ‘types’, even if you believe it is not any of those breeds.

Under Section 3(1) of the DDA 1991 (amended by the Anti-Social Behaviour, Crime and Policing Act 2014), if any dog is dangerously out of control in any place, including all private property, the owner, or person in charge of the dog, is guilty of an offence. That offence becomes an aggravated offence, and triable in the Crown Court, if the dog injures any person or an assistance dog while out of control.

A dog can be dangerously out of control when there are grounds for reasonable apprehension that it will injure any person or assistance dog, whether it does so or not (s.10(3) DDA 1991). This includes when someone is trying to protect their dog from your dog during an attack.

MC Chambers | Leading Specialist Dangerous Dogs Charge Barrister’s Chambers | Top Direct Access Defence Lawyers for London & UK

It is important to understand what the prosecution must prove if you end up fighting your case before a jury. The possible consequences are severe. In the worst cases the dog will be destroyed whilst in police custody, and the dog may have already been in police custody for some time. In other cases, the Court can impose strict lifelong conditions such as the dog being muzzled and on a lead in public places.

In an increasingly busy world, all types of situations arise that have the potential to become legally problematic. Do not put your dog at risk. If you need advice or you are facing a dangerous dog charge, please contact us. We can recommend first class dangerous dog experts to assess any dog accused of being a particular ‘type’ or being ‘dangerous.’ We know that when it is your dog, it is not just another statistic, it is a family member, and we will fight for yours as we would our own.

Catherine Daly - Leading Expert Specialist Public Direct Access Scheme KC led Dangerous Dogs Offence Charge Barrister Chambers - London & UK

Our Heritage | Michael Wolkind KC (formerly QC)

We are small, elite and hand-picked team. Our proud heritage arises from one of the most renowned master criminal defence barristers of recent times – Michael Wolkind KC (formerly QC).

Although retired from active client representation now, Michael remains an integral part of Chambers.

 

Contact Us Now | Top KC-Led Direct Access Scheme Dangerous Dogs Charge Defence Barrister’s Chambers | Best-In-Class Specialists Lawyers for London & the UK

If you or someone you know is has been accused of a dangerous dog offence and are seeking the best possible representation from a KC-led specialist barrister who is passionate about dogs from her own experience and has an outstanding track record of success and reputation for personal care, contact us now on 0207 101 4164 or send us a message here.

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