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The dog was seized in 2023 as a suspected Pit Bull Type dog, so prohibited under section 1 of the 1991 Act.
The Police pursued a Criminal Case against the owner under section 1 of the Dangerous Dogs Act 1991, which was subsequently dismissed. However, the Police did not return the dog.
In December 2024, the Magistrates Court ordered for the dog to be destroyed by the Magistrates Court. This was appealed.
Gabrielle Coates instructed by Ison Harrison, was led by Cathryn McGahey KC (Temple Garden Chambers, London) instructed on a pro bono basis by Save our Seized Dogs, represented the Appellant.
Counsel for the Appellant’s raised the lawfulness of the seizure and highlighted that the Chief Constable had made the Section 4B application out of time.
The Chief Constable accepted that the application unlawful and that the seizure was also unlawful. This resulted in the Court allowing the appeal and quashing the destruction order.
The Court ordered costs against the Police. The Police also paid the kennel costs for the two year period.
Chambers is centrally located within walking distance of the train station, secure car parks and the Courts.
St Pauls Chambers
Park Row House
19-20 Park Row
Leeds
LS1 5JF
For out of hours assistance please call the senior clerk on 07854170429.
The switchboard will open from 08:30 until 17:30
Phone: +44 (0)1132 455 866
Email: [email protected]
CJSM: [email protected]
