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Technically this is correct http://www.sentencingcouncil.org.uk/wp-content/uploads/Dangerous_Dog_Offences_Definitive_Guideline_9web_final.pdf
But how the police react to this is really inconsistent. Herbie has been attacked twice by the same two dogs - a staff and a pit cross - first time when he was a pup, the second time at just over a year old. Both dogs were off the lead on both occasions and clearly "dangerously out of control in a public place" - an offence. When I took it to the police in Brixton after the second incident, they told me that they don't do anything about a "dog on dog" (yes really) incident. I pointed out to them that had the dog they attacked been smaller and its owner elderly, for example, then the outcome would certainly have been different. They said that if I'd been bitten then they would take action, or if a dog had been killed then it would be criminal damage and they would act. Otherwise, not interested.
As it turns out, both dogs seem to have been moved on. The staff is missing half of its right ear following the second incident...
on a different note
we are now muzzle training both of them. not because we think they are dangerous but because all it takes is one person to claim they felt threatened by a dog that is off the lead and it can then be classified as a dangerous dog. so they are muzzled to protect them from potential complaints. a friend of ours recently had problems of this nature and had to deal with police visits etc - it was all resolved with no further action but we'd hate to put our dogs at risk. sadly i think muzzles will become more commonplace in future.
it took a week or so of squeezing primula cheese into the muzzles to make them attractive to the dogs whilst indoors at home to get the dogs accustomed to them. the dog is not bothered by the muzzle at all, the girl scratches at it occasionally. it is really easy to reward them while wearing the muzzle with a smear of primula onto the muzzle straight from the tube.