Actually, I've just read the Dog Law website re the result of the Dangerous Dogs act, it pretty much agrees with everything Ive said:
This is a criminal offence which can be brought against the owner of a dog (and if different the person in charge of a dog) if a dog is:
- dangerously out of control
- in a public place
'Dangerously out of control' is defined as being 'on any occasion on which there are grounds for reasonable apprehension that it will injure any person'. Generally, if a dog bites someone then it will be presumed to have been dangerously out of control
You all may want to re read that last sentence. There is nothing about provocation by a child, nor is a lead a guarantee of control. Anyway, onwards:
'Public place' is defined as including any place 'to which the public have or are permitted to have access'
As to the absurdity of the presumption on this thread about a child being blamed:
If injury is caused to a person, then there is a presumption in favour of destruction of the dog unless the owner can prove that the dog would not constitute a danger to public safety. If the Court can be persuaded not to impose destruction, then the alternative is a Contingent Destruction Order ie. a requirement that unless the dog is kept under proper control then it shall be destroyed. The Court has the power to impose conditions to such an order
I suspect LtEve's organisation is one that tries to help prevent dogs being destroyed (which I would agree with, as if the MN doggy threads are anything to go by it's the owners who are barking). But it is clear where the presumption of the law rests. As well as the dog being under threat of destruction, the owner will be liable:
For the owner and/or person in charge of the dog at the time of the incident the Court has the power to impose a prison sentence as well as a ban on keeping dogs. However, this is very rare and the more likely outcome is financial ie. a fine, compensation and costs
QED I think.