can the police do this ?

aloise

On Christmas eve, my grandson was thrown out of their flat by his girlfriend. (It was about 7 degrees below and freezing ) He took his dog with him and while he was walking to his mothers house the police stopped and searched him. He wasn't drunk or on drugs and nothing was found on him. However because of their aggressive tone, the dog gave a couple of growls,but didn't attempt to attack and was under control all the time.It isn't a banned species. The police took the dog off him and said it would be sent to the dog pound and he could collect it later. However in spite of phoning continuously he has been unable to speak to anybody at the pound, and still hasn't got his dog back.
He has now been informed by them that he has to pay £800 to get the dog back or it will be put down. It will be impossible for him or his mother to find this kind of money and we ,his grandparents can't help.
Is this really legal?

fluffnutter

Can we have a bit more info aliose? What's the £800 charge for? It's got to be in respect of something. Is it a fine? Costs incurred whilst the dog's being looked after? What exactly have the police said about the dog being 'put down'?

maninthestreet

Was your son given any documentation by the police officers concerned? This may be relevant :


http://www.legislation.gov.uk/uksi/1992/901/made

bargainbetty

To sieze the dog they would have had to issue him with papers indicating why they felt it was necessary - they cannot simply confiscate property at will. Those papers will have details of the charges associated with kennelling the animal, and any fees or fines payable.

Your son should contact the kennels/police, and find out how to arrange a payment plan, if necessary through the local courts. Once it is done, he should be able to collect his dog, but may be subject to a contempt order if he fails to make the payments, so ensure that it is something he can afford.

Please bear in mind that the police don't take an animal away unless they consider it a threat or to be at risk. Your grandson may have been less than open with you about what really happened (my best friend lied to me about a police incident until he sobered up and remembered I had been there at the time!) so bear in mind that the officers may have been acting completely properly.

good luck

forgotmyname

The police had an aggressive tone? I think a sit down and the full truthful facts are found before
you think of doing anything.

You should have the name/number of the officers involved, Maybe find out their version of events.

Ive had a snotty woman PC who swore she recognised me, I laughed and just kept saying no when
she said it. I didnt get riled or say anything else, Just NO.

This was a long time ago before windscreens were part of the MOT.
She commented on a crack on the very edge of my windscreen, Was one of the 1st glued in types.

I just asked her if she had found the person that had stolen it the day before, because they did that
damage.

They did their checks and i was on my way.

Watch some of the cop shows on TV, Some people do ask for trouble.
Even though they have been caught and on video they still deny it.

aloise

fluffnutter wrote: »

Can we have a bit more info aliose? What's the £800 charge for? It's got to be in respect of something. Is it a fine? Costs incurred whilst the dog's being looked after? What exactly have the police said about the dog being 'put down'?

They said it was for the cost of keeping the dog since Christmas eve.But he had tried to get the dog but the pound wasn't answering.
No Fine, charged with nothing. Don't really know exactly what the police have said. This is the information i was given and i'm trying to find out if they can do that as the dog made no attept to attack the police. it was nearly midnight and the lad would just have wanted to get to his mums and he was upset he wouldn't be spending Christmas with his new baby. He's no angel (my grandson )but has never been in any trouble with the police and wouldn't be agressive, he's very shy. He loved that dog. Not been a good Christmas for him.

WhiteHorse

s3 Dogs Act 1906 enables a police officer to:

"... seize any dog found in a highway or place of public resort, which he has reason to believe is a stray".

"The officer seizing the dog may then detain it until the owner has claimed it and paid all expenses incurred in its detention."

"If the dog is wearing a collar showing an address, or the owner is otherwise known, the officer must serve on the person who’s address is given or the known owner (as the case may be) written notice that the dog has been seized and is liable to be sold or destroyed if not claimed within seven clear days after service of the notice".

"After seven days of the service of the notice, or from original detention of the dog if the police have not been able to serve notice, if the owner has not claimed it and paid the expenses of its detention, the detaining officer may sell the dog or have it destroyed ..."

"The police must keep a register of all dogs seized by them and record the particulars".

They have no reason to believe the dog is a stray. Therefore their seizure of the dog and any attempt to levy a charge are unlawful. It would also be interesting to inspect their records to see what they say. If they destroy the dog, then there is a case against the police.

s5 Dangerous Dogs Act 1991 allows a police officer to:

"... seize any dog which appears to him to be a dog to which s1 applies [fighting types] and which is in a public place when its possession or custody is unlawful by virtue of s1. [...] may also seize any dog in a public place which appears to him to be dangerously out of control".

Are they claiming the dog to be a banned type? Are they claiming that it was 'dangerously out of control'? Again, inspect the records.

If the police are not going to charge him with an offence in relation to the dog, how can they justify seizure? If it is so dangerous, why are they prepared to release it?

pimento

Get thee to the dog pound and knock on the door. Forget about phoning them up.

dmg24

pimento wrote: »

Get thee to the dog pound and knock on the door. Forget about phoning them up.

I am at a loss as to why they did not do this as soon as they were allowed?

PhylPho

OP: you need to get the story straightened out, because there's something wrong with this chronicle of woe. My wife spent many years working for an animal rescue charity which operated a dog warden service on behalf of the Local Authority. The police used it as well, i.e., dogs that were *not* dangerous but were found running wild were temporarily accommodated at the rescue centre until their owners arrived to collect them.

As far as I'm aware, the notion of a "dog pound" is Victorian. The police don't have 'em. They rely on RSPCA centres and those of other animal welfare charities.

So what's wrong here is the £800 "charge". It's well-nigh unbelievable. So. . .

(1) Who, exactly, is saying that an £800 bill must be paid -- and to whom?

(2) Where is the animal's location right now?

I can well understand your anxiety at this time, and sympathise with it. But so many details are missing from this -- bearing in mind, the police seemingly have nothing whatever to do with any £800 kennels fee -- that you'd be better off spending time, talking to the rescue centre or kennels where the animal is, before posting further on here.

Only when you've clarified the situation there can you begin to clarify just what the police actually did, and why.

Sausage_Roll

dmg24 wrote: »

I am at a loss as to why they did not do this as soon as they were allowed?

The issue is not what the OP should have done. It is what the OP can do now.

If all you are going to do when you post is judge someone's actions, best not to post.

OP I would take legal advice - CAB might be able to help? At a minimum the police would have to prove that the dog was a threat/out of control, which would be very difficult and time consuming, and could encourage them to not pursue claims against you.