Advice needed as I can't afford legal representation !! URGENTLY !! PLEASE !!

[spursgal]

I have been sent a court summons for the 11th Nov and have been charged with possessing a dangerous dog that has supposedly bitten a child. On the day in question my dog ran towards a child behind a wooden barrier on a bike with its parents, the dog reached the barrier before I noticed and barked at the child and the child fell off its bike as, I called him and he came straight back. The mother was shouting abuse and we carried on walking but I had put the dog on a lead. Next I know the police are round and he saw the dogs and saw all well behaved and felt they were no threat. He said he would recommend no action as we had behaved responsibly and no longer walked the doge off the leads in public and the said dog had now a body brace on ( I had done all the right things). five weeks later another two police came round and said they needed to take a statement, they too met the dog and said he was a lovely dog and no threat, they took my statement short and brief and I signed what they wrote down. Now I have court papers and the other parties staements both her and her husbands are absolute fairy tales, full of lies claiming I was hurling abuse at her when I am a Christian with values and that is not my way, and history which she has also twisted to which I have a witness to. This woman has not liked me since we moved in, my dogs barked whilst I was at work and another neighbour came to tell me, this woman stood at the end of my garden hurling abuse and I closed the door, Later the neighbour came round to make sure I was ok as the woman had been so intimidating and abusive. This is where it has started for her and she has stated now that my dog bit her child, the photo is of one small scratch to the inner arm, consistent with falling off a bike, the other photos are of a grazed knee (falling off a bike) and hives where the child is allergic to dogs ( even though the child was playing with the neighbours labrador that evening). The woman is a Special Constable and I feel has pushed as hard as possible to get this to court even though three police officers thought it wouldn't get that far. I can not afford legal representation and am not eligible for legal aid as our household income is £180 over the limit. I am supposed to be starting my nursing career in January and a conviction will stop that from happening. I am at my wits end and can not believe all the lies in their statements. Also no statements were taken from the five other people out walking with me that evening, Why? I do not understand, and would appreciate any help or advice as I really am scared. The woman is pushing for my dog to be put down. I really don't know what to do or where to go...Please Help Me..

[boxtops]

You should be able to go to any solicitor and request a first appointment (30 mins I think) free of charge - you need some help here.

[factor-fiction]

Is it an offence then to have a dog off a lead in a public place? I f so then that bit may be difficult to defend and maybe you should just plead guilty.
If the second charge is successful are you sure that will affect your nursing career- might be worth checking with the college.

[boxtops]

I'd check too, I wondered that - surely it's not a criminal offence if your dog bites someone, isn't it a civil offence?
BTW have you already obtained your CRB clearance for your course for January? If so, this wouldn't show on it if your uni already have your CRB report.

[joko]

so the dog was behind a barrier and merely barked at the child..and presumably the fright made the child fall off the bike...?

so how has the child got allergies to the dog?

the dog either touched the child or it didnt.

you need to give the full honest truth of what happened here - not your version which favours you...no-one can help if you give an edited version.

no-one will believe the dog bit the child if it was behind a barrier, tak ephotos of the area and the barrier

but you need to explain properly

[zbearspirit]

Could you tell me what type of dog you have. How was your dog identified as being responsible. The prosecution can only find you guilty if your dog bit the child. They have to prove that the childs injury was caused by your dog. If I were you I would plead not guilty. As reading your account thats what you are.

[New Judge]

No it is not a civil matter. There is a criminal offence under Section 3 of the Dangerous Dogs Act 1991 which can be brought against the owner of a dog (and if different the person in charge of a dog) if a dog is:

a. dangerously out of control
b. in a public place

(There is also provision for an offence if the dog is in a private place but should not be there)

Furthermore, the dog does not have to actually bite anybody. “Dangerously out of control”' is defined (as far as it goes) as being “on any occasion on which there are grounds for reasonable apprehension that it will injure any person”. In fact, if the dog does actually injure somebody, there is provision for an aggravated offence to be charged, for which higher penalties are available.

The maximum penalties available under the standard offence are six months imprisonment and/or a fine of up to £5,000. The aggravated offence carries a maximum of two years’ custody and/or an unlimited fine. There are also provisions for the court to order destruction or neutering of the dog.

As with many such matters, the decision whether a dog is “dangerously out of control” (i.e. whether there is “... reasonable apprehension that it will injure any person”) is subjective and not always clear cut. Bearing in mind the other issues you have raised concerning the incident it seems likely that a trial will be needed to establish the facts.

[spursgal]

Well, Mark thank you for all your input, its frightening me now. I have been as truthful as I can on here without waffling on for ever. But I am a christian and my beliefs are very strong to deliver the truth however it may affect me. My dog is a Bull Mastiff cross and yes I do know it is a large breed, but he was in no way out of control and I have taken great pride in training all my dogs. My other dogs are a great dane and a springer, this person in her statement has stated the great dane was hounding the child as well circling the father as he picked up the child. Oh Mark if you could see my Great Dane, she had a hip op at 7 months and can not jump or run too far, so she stays with me at all times, no way in the world she could jump the barrier. But none of the dogs even made it past the barrier. There are surely more ways of a child getting hives from dog slobber, and the neighbour whose house they were outside has a labrador. How can they proclaim such things and have obtained no medical evidence. I don't know where to turn.

[spursgal]

Thank you everyone for all your answers so far, please keep any advice coming.

[spursgal]

New Judge, This is Pursuant to section 2 of the Dogs Act 1871, does that make a difference ?

[spursgal]

Thank you Eddie, I am very grateful for your input. I had found that earlier on the web. So gathering statements from family and friends, going to try my vet tomorrow. Its very hard to stay positive when something like this happens. I have always cared for my animals and those around me and for someone to tell blatant lies because your face doesn't fit is outrageous. My dogs are loved and cared for, they are full vaccinated, microchipped, insured and trained, what makes me so upset is the abuse of their positions as officers of the law to push this as far as it has.

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