Star

Star was seized in 2022 following an incident with a delivery driver, where the delivery driver entered Star’s owner’s home unannounced. The police assessed Star and believed he was a pit bull-type dog.

Helen Howell Dog Behaviour Expert was instructed to assess Star’s behaviour and type. Unfortunately, the police felt Star was dangerous and used a pole to transport Star into the van to go to the assessment area. When Star arrived, he was extremely stressed and had blood on him. Helen Howell felt Star’s welfare would be compromised further if she proceeded to try and assess him. She was therefore unable to consider his behaviour or assess type.

We contacted the police to invite them to allow Helen Howell into the kennel area to assess Star, which would alleviate some stress. The police refused and stated ‘National Policy’ restricted defence experts from attending kennels. However, in the meantime, an independent expert for the prosecution was allowed to assess Star in kennels.

A section 78 PACE argument was argued at Court in relation to the section 1 offence (prohibited breed). John Goodwin of Cohen Cramer Solicitors submitted it was not possible to have a fair trial as Helen Howell was not allowed the same opportunity to assess whether or not Star was a dog to which section 1 of the Dangerous Dogs Act 1991 applied. The Court agreed it was not possible for a fair trial and the prosecution subsequently offered no evidence in relation to this offence.

A separate trial was listed this week for the s3 Dangerous Dogs Act 1991 offence (the alleged incident with the delivery driver). Star’s owner was represented by Cathryn McGahey KC. On the evidence presented, the prosecution decided not to proceed with the matter.

Star is now able to return home to his family as a free dog, but unfortunately, he spent 16 months in police kennels whilst suffering a significant amount of stress.

Star’s case also highlights the importance of instructing Solicitors who specialise in canine matters, to ensure the best possible outcome. Following the refusal of the police to allow Helen Howell into kennels to assess Star, Star’s owner was not happy with his previous Solicitors, so he transferred the matter to Cohen Cramer Solicitors.