Strix Posted January 11, 2012 Share Posted January 11, 2012 yeah it is a large residential area, field was once a working coal field, now greenbelt with public right off way, i am still at present exploring the laws with regards to this, and everything i come up against the police are not interestedWas your dog insured? if not, you may be able to obtain free legal advice courtesy of your household insurance company Link to comment Share on other sites More sharing options...
stevvieboi Posted January 11, 2012 Author Share Posted January 11, 2012 not really dont worry and i prob did read it wrong, it is a two sided coin, and i dont expect everyone to agree, but where farmers are getting away with so much, some forums or news reports where dogs are being shot by farmers on common grounds, then in my opinion the shooting of dogs need to be reviewed, one reads where a woman was walking her dog and a farmer was hiding in the bushes her dog nipped in but came back out onto a public path, further along two guys on a quad came racing up with shotguns pointing them at her and her dogs threatening her then sped off again, another reads a couple walking on a common where a land rover pulled over shot the dog dead then sped off, although this was not on farm land it goes to show the length farmers go to, if a dog has mauled several sheep in a field then perhaps a gun should be used, but where none of them have being harmed other than chased, and yes i know them being chased can also be damaging to sheep, but a dog does not know this they are living the thrill of the chase, and for this they are shot dead, some dogs are more valuable alone than 10 sheep, and a farmer does not have that emotional attachment to them, and if they have done it oncr new guidelines or something put in place, dog chipped and chipped marked they have done it, and if it happens again then what ever action to be taken should be, farmers just in my opinion use the excuse sheep worrying and just shoot anyway even if they have dogs themselves its still used as an excuse Link to comment Share on other sites More sharing options...
Swampster Posted January 11, 2012 Share Posted January 11, 2012 I'm pretty sure I'd end up in prison for a long time if a farmer (or anybody else) shot my dog... Link to comment Share on other sites More sharing options...
cgksheff Posted January 11, 2012 Share Posted January 11, 2012 not really dont worry and i prob did read it wrong, it is a two sided coin, and i dont expect everyone to agree, but where farmers are getting away with so much, ............... .......... farmers just in my opinion use the excuse sheep worrying and just shoot anyway even if they have dogs themselves its still used as an excuse I guess that you've read the relevant Acts. Try not to generalise too much. Some farmers are downright wronguns as some dog owners are irresponsible. When farmers have shot a dog illegally, they should be prosecuted .. although currently, I think the only option is a civil prosecution. There are substantial loose edges in the law, particularly: " (3)Subject to subsection (4) of this section, a person killing or causing injury to a dog shall be deemed for the purposes of this section to act for the protection of any livestock if, and only if, either— (a)the dog is worrying or is about to worry the livestock and there are no other reasonable means of ending or preventing the worrying; or (b)the dog has been worrying livestock, has not left the vicinity and is not under the control of any person and there are no practicable means of ascertaining to whom it belongs. (4)For the purposes of this section the condition stated in either of the paragraphs of the preceding subsection shall be deemed to have been satisfied if the defendant believed that it was satisfied and had reasonable ground for that belief." Rather than accepting the farmers "belief", let the satisfaction of those conditions be tested in court. That is going to fall to the existence and reliability of witnesses, however? Link to comment Share on other sites More sharing options...
stevvieboi Posted January 11, 2012 Author Share Posted January 11, 2012 the only witness he has is his mother, but reading all the sections on this he is not allowed to use a family member as a witness, and in his statement to the police he said she was just standing their when he shot her, he has to prove he used all means to distract the dog before shooting her, even firing above her, have made an appointment to see a solicitor to see what i can do Link to comment Share on other sites More sharing options...
cgksheff Posted January 11, 2012 Share Posted January 11, 2012 The law is clear. As can be seen above, the dog can be shot while worrying or about to worry and there are no other reasonable means of ending or preventing the worrying. However, the situation you described probably falls into (b)the dog has been worrying livestock, has not left the vicinity and is not under the control of any person and there are no practicable means of ascertaining to whom it belongs. As much as I sympathise with you, I think that you may be wasting your money. Link to comment Share on other sites More sharing options...
cgksheff Posted January 11, 2012 Share Posted January 11, 2012 ...... he is not allowed to use a family member as a witness....... Where did you get that from? Link to comment Share on other sites More sharing options...
stevvieboi Posted January 11, 2012 Author Share Posted January 11, 2012 i have read it somewhere, will have to try and find where it was Link to comment Share on other sites More sharing options...
peewee84 Posted January 12, 2012 Share Posted January 12, 2012 I'm pretty sure I'd end up in prison for a long time if a farmer (or anybody else) shot my dog... If anyone shot my dog, I'd be in the cell next to you.. Law or no law, if you shot my dog you may as well be shooting my kid and there would be hell to pay I tell you.. Link to comment Share on other sites More sharing options...
Agent Orange Posted January 12, 2012 Share Posted January 12, 2012 If anyone shot my dog, I'd be in the cell next to you.. Law or no law, if you shot my dog you may as well be shooting my kid and there would be hell to pay I tell you.. The farmer has a weapon, how do you propose to cause him harm? Link to comment Share on other sites More sharing options...
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