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24/12/01
The
Act begins to bite
IN
THE months following the 'live' enactment of the 1991 Dangerous Dogs Act,
police forces around the country began seizing any dog that resembled
a pit bull terrier 'type' of dog. Under Section One of the Act, any unregistered
'pit bull' was liable to seizure and incarceration at secret kennels,
guilty of being a dog 'of the type' until such time as the dog's owner
proved in court that the dog was not 'of the type'.
The
creation of the DDA was, as veteran peer and vehement anti-DDA campaigner
Lord Houghton of Sowerby famously put it, "A knee-jerk reaction of the
very worst kind". There had, undoubtedly, been some problems in the preceding
two years with dangerous dogs, but it was not the nationwide epidemic
the popular media would have the public believe.
So
when Home Secretary Kenneth Baker found himself under extreme political
and media pressure, his resulting Act was badly worded and ill defined.
Even so, Baker could not have foreseen that some individuals in positions
of authority would take the vague wording of the Act regarding pit bull
'type' dogs as a green light to seize any dog that in their opinion resembled
a pit bull.
Perception
It soon became clear that many such seizures were done far more from the
point of view of the officer's perception of the dog's owner, rather than
the dog itself.
This
led to the seizure of so many dogs which became, over the next few years,
causes celebré in the fight against the Act. Sadly, many of them became
martyrs, too, when all legal channels to secure their freedom failed,
thanks to the blatant unfairness of unsympathetic judiciary and hostile
prosecution evidence.
Names
such as Otis, Dempsey, Buster Crothers, Buster Brock, Tiggy, Judd, Lacey
and many others will never be forgotten, especially for the fact that
each chalked up many months, indeed years, in secret kennels while the
legal arguments to free them raged. And one fact, which must be borne
in mind with every case, is this: NONE of the dogs had attacked or injured
a human being.
None were deemed 'dangerous'. There only crime was to resemble a Pit Bull
Terrier - or not, depending on which expert's point of view was accepted
by the courts. In one of the many parliamentary debates about the DDA
during the early and mid 1990s, the long drawn-out legal process was likened
to "a virtual cottage industry" and "a gravy train" where solicitors,
barristers and expert witnesses alike could earn large sums of money for
their services, each appeal, each court appearance adding to the growing
bill, all to be met by the taxpayer.
Perhaps
the most lucrative occupation at this time was to be the owner of one
of the many kennels - most of them surrounding London - where dogs awaiting
trial under the DDA were held. Kennelling fees for these dogs averaged
£9.00 per day, for a bare concrete pen, devoid of toys or blankets and,
in most cases, any kind of visiting rights for the dog's owner.
This
was in stark comparison to the average costs of £4 per day for a 'holiday
boarder' dog, which would have toys, bedding and be fed whatever food
its owner required it to have.
Thus
the Act rumbled on, the legal process lumbered on: Magistrates’ Court,
Appeal to Crown Court. If no freedom was granted, a further appeal to
the High Court, occasionally even to the Lords. And there was the added
threat of the dog being re-seized under a totally different section of
the Act if the police decided the dog was, despite all rulings to the
contrary, a pit bull 'type'.
Surreal
Looking
back now, ten years since the DDA came into force and four years since
the Act was amended to be less draconian, and it seems astonishing, unbelievable,
and almost nightmarishly surreal that such injustices were perpetrated
against innocent dogs and their owners.
But
it happened. And, crucially, the DDA provided the template for the even
worse "Kampfhund" laws which were enacted in Germany from June 2000 onwards....
and breed Specific Legislation (BSL) continues to spread its tentacles
around the world.
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