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Crime Solicitors

Colchester dog attack: Baby killed and brother seriously hurt (18 October 2016)

Date: 18/10/2016
Duncan Lewis, Crime Solicitors, Colchester dog attack: Baby killed and brother seriously hurt

Last Friday there was another dog attack which has resulted in the death of a four month old baby in Colchester, Essex. The mother and brother of the child also suffered serious injuries.

As always the backlash in these cases are concerns certain breeds of dogs and their propensity to attack. The framework for protecting the public from similar attacks stems from the Dangerous Dogs Act 1991, which prohibits ‘persons from having in their possession or custody dogs belonging to types bred for fighting’. The dog in the latest reported attack was a Staffordshire bull terrier, which is not a banned breed under the 1991 Act, however features in many reported attacks. Following today’s news there will most certainly be calls for stricter laws surrounding this type of breed.

The Dangerous Dogs Act 1991 does make it an offence for an owner that allows their dog to be dangerously out of control. The test for a person to be guilty of such and offence is relatively low. For example, not paying attention to the dog and allowing it to run out of the house can be sufficient for an owner to be liable for conviction if the dog then injured someone.

There are certain steps that a responsible dog owner should always take to ensure the safety of others. For example, the dog must not be allowed to run out of the house by itself nor escape from a garden. Whilst outside, the dog must usually be on a lead and muzzled at all times. The owner must always ensure that when visitors are present, the dog is either kept under supervision or locked away in another room, especially when children are present.

Whilst owners may feel they 'know' their pets, they are animals and are unpredictable. Therefore it must be the responsibility of the owner to ensure the dog is kept under control to ensure the safety of others.

Author: Dipa Patel

Dipa Patel is consultant solicitor advocate specialising in criminal defence. She represents clients from the police station to the crown court and has over 14 years post qualification experience.

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