Considering all the facts…….
As an expert witness in the field of canine behaviour it is crucial that when reporting to the court if a dog poses a danger to the public, we consider all the facts of the case.
A perfect example of this is a case that I recently provided my expert opinion on in Harrow Crown Court involving a bull breed dog called George.
George came to the notice of the police after escaping from a rescue foster home in London when he, unfortunately, attacked a Jack Russell Terrier that was being walked by an elderly gentleman. The gentleman received a severe injury when separating George from his dog and the Jack Russell also received severe injuries.
The police attended the scene and took possession of George, following which he was deemed to be of pit bull type under Section 1 of the Dangerous Dogs Act 1991 (the complexities of this piece of legislation require a whole different blog for discussion!).
The law regarding Prohibited Breeds
As George was in foster care he was the responsibility of the charity that had rescued him, the law regarding who can be the keeper of a dog deemed to be a prohibited breed such as George, is very strict and only someone that had been previously responsible for George could take him on should, the court considers them to be suitable. Fortunately, one of the members of the charity that had worked with George before the incident offered to take George on at her remote Scottish home where George could live safely and securely. Without this offer of a home, George would most certainly have been euthanised.
George was assessed by three expert dog assessors, including myself, who all found that he had a very high prey drive and posed a danger to other dogs. George never displayed any aggression towards humans, the injury caused during the incident with the Jack Russell occurred as a result of a human hand being placed in the line of fire rather than being a target of aggression by George.
I was asked to provide my opinion as to whether George posed a danger to the public, and this is where it is particularly important to consider all the facts.
The expert instructed by the police considered him to be a danger to the public as, due to his high prey drive and reactivity to other dogs, it was likely that if George came into contact with other dogs, a fight would ensue and people would likely get injured trying to break the fight up. I agreed with the expert that should George come into contact with other dogs, for example, if he remained living in a busy area like London where he would see many other dogs on walks, he would indeed be a danger to the public. However, let’s consider the full picture before effectively sentencing a young dog to death who effectively was only acting on the instincts bred into him by humans.
Rehabilitation
George would be living in a remote part of Scotland, he would have access to a large securely fenced paddock and acres of land where he would not come into contact with unfamiliar dogs or any members of the public. His potential keeper Sarah had a great deal of experience rehabilitating aggressive dogs and an excellent knowledge of canine behaviour. Sarah works from home and was the position to provide George with the care and enrichment he needed to live a full and happy life.
In this environment, I did not consider that George posed a danger to the public. Fortunately for George, the court agreed with me and allowed him to be released into Sarah’s care.
Every dog and every case should be considered carefully, taking into account all the relevant facts in Dangerous Dog cases, as failing to do so can literally be the difference between life and death of the animals concerned.
