Stories of second chances

KODA, THE SECTION 4B AND THE DIFFERENCE IN LAWS IN SCOTLAND.

EDUCATION IS KEY!

Firstly. So many still don't realise that Scotland does have the xl bully ban and I'm shocked that so many still are unaware of this. 

2. number one comment I get when sharing about cases is why don't you use interim exemption scheme ( IES) Well simply that's because it doesn't exist here in Scotland and the Ministers stance on that was clear they were absolutely point blank refusing to entertain it. 

3. Section 4b. Section 4B(1): Mandatory Destruction Requirement (The Default Rule)

​This subsection sets out the grounds under which a Justice of the Peace (or a Sheriff in Scotland, though this part is repealed) must consider a destruction order:

​Applies when: A dog, believed to be a prohibited fighting type (e.g., Pit Bull Terrier type, Japanese Tosa, XL Bully type), has been seized by police or a Local Authority, AND

​No Prosecution: No person has been or is to be prosecuted for a criminal offense under Section 1 (illegal possession) of the DDA 1991 (e.g., because the owner cannot be found or is unknown), OR

​Illegal Possession: Releasing the dog would cause the owner to contravene the absolute prohibition on owning a Section 1 dog.

​The Order: If the court confirms the dog is a prohibited type, the Justice/Sheriff shall order its destruction, subject to subsection (2).

​Section 4B(2): The Contingent Destruction Order (The Exception)

​This subsection provides the exception to the mandatory destruction in Section 4B(1).

​The Condition: The court is not required to order the destruction of the dog if it is satisfied that:

​The dog would not constitute a danger to public safety. (The court must consider the dog's temperament, its past behaviour, and whether the owner/keeper is a "fit and proper person" to be in charge of it.). 

Section 4b(2) is what we are referring too in our posts. This has never been available in Scotland despite written in both primary legistlation and the statutory instrument for xl bully ban in Scotland. Why? Well we don't really know. We have some ideas why but nothing concrete.

The legal fight for justice in Scotland centres on Section 4B of the DDA 1991, which deals with seized dogs where no one is being prosecuted.

​The Default Rule (Section 4B(1)) mandates that if the dog is confirmed to be a prohibited type, the Sheriff shall order its destruction (a death sentence).

​The Lifeline (Section 4B(2)) is the only judicial exception. It gives the court the discretion to grant a Contingent Destruction Order (CDO), allowing the dog to live under exemption, if the court is satisfied the dog is not a danger to public safety and the owner is a "fit and proper person."

​The Problem in Scotland: Despite this clause being present in the legislation, the mechanism for a Sheriff to utilise this discretionary power (the CDO) has been historically and practically unavailable.

​Why This Matters: This legal void creates profound injustice. It places individuals who were victims of crime such as those whose dogs were stolen, or those who fled domestic violence situations at risk of criminal prosecution simply because they were physically unable to exempt their dogs by the statutory deadline. Dogs who maybe were pups at the time of the ban but grew to be type. This is the biggest fight we are fighting. Myself Gill Henderson and our wonderful solicitor jacob have been at this since January with koda's case being the "test" case. ,the fight myself, Gill and Jacob are fighting is for a functional application of Section 4B(2) to provide essential judicial fairness and common sense.

We have owners who were in a DV situation unable to follow the guidance and is it right to criminally prosecute them?. Or how about people like kodas new keepers who didn't really understand the legistlation and didn't think twice about his looks but gave that beautiful soul a couch to stay on instead of staying in a freezing cold garden in January, for that couch to remain a permanent place only that could have found them facing a criminal charge.

I said before I don't think many understand how huge a deal this actually is but this is a lifeline. I truly hope that this explanation and highlighting the reasons stated clears this up. Ontop of all this we are dealing with a court system that doesn't understand dog law (look at zeus case I have), we don't have anyone qualified to type a dog here so dogs wait for dlo's from Northumbria to come up to do assesments. Then we have the added challenge of getting type experts up here to do independent assessments. 

And a few other points to clarify whilst on the topic of the Dangerous Dogs act! 

If you live in Scotland and have a Scottish exemption for your dog you cannot travel to England and Wales with your Scottish exempted dog! This is the same if you hold an exemption from DEFRA you cannot travel to Scotland!

In Scotland and Only in Scotland you can withdraw your Exemption! This has been available since exemptions were rolled out in Scotland.

SOME OF OUR CASES

Above are just some of the gorgeous dogs we are helping at this moment, as well as ongoing daily advice and help. our case loads increase weekly. we really need your suppourt!

some of our success cases

above is some of the dogs we have helped home.