Recent reports of Love Island winner Jack Fincham being arrested and subsequently sentenced to six weeks in prison have brought renewed attention to the legal consequences of dangerous dog offences in the UK. He was later released on bail as his defence team lodged an appeal. Fincham’s case, involving his cane corso, Elvis, highlights the responsibilities of dog ownership and the severe repercussions that can follow when those responsibilities are not upheld.
At Slater Heelis, we understand that cases involving dangerous dogs can be complex, and owners often find themselves facing legal action due to a lack of awareness of their obligations.
The Legal Framework: Dangerous Dogs Act 1991
The Dangerous Dogs Act 1991 is the primary legislation governing dangerous dogs in the UK. It outlines strict controls over certain breeds and sets out offences for owners whose dogs are deemed dangerously out of control. Under the Act:
- It is an offence for a dog to be dangerously out of control in a public or private place.
- If a dog injures a person, the offence becomes more serious and carries harsher penalties.
- Owners of banned breeds (such as the Pit Bull Terrier, Japanese Tosa, Dogo Argentino, and Fila Brasileiro) can face prosecution regardless of the dog’s behaviour.
- Courts have the power to impose control orders, fines, and in severe cases, custodial sentences.
In Fincham’s case, he pleaded guilty to two counts of being in charge of a dangerously out-of-control dog, with one incident resulting in injury. The court determined that he had not adhered to the conditions set for his dog’s control, leading to his sentencing.
Why Was Jack Fincham Jailed?
It is rare for someone to receive an immediate custodial sentence for a dangerous dog offence unless the attack is particularly severe. However, Fincham was already serving a suspended sentence for a previous conviction of drug driving at the time of the second incident. The court felt they had no option but to activate part of his suspended sentence, leading to an initial sentencing of a six-week jail term.
The key factors in his case were:
- Repeated offences: The dog had been involved in two separate incidents.
- Existing suspended sentence: The activation of this sentence played a significant role in his imprisonment.
Had Fincham not been subject to a suspended sentence, it is likely that he would not have received a custodial sentence for these offences.
Penalties for Dangerous Dog Offences
The law imposes strict penalties for those found guilty of dangerous dog offences, including:
- Fines: Owners can face significant financial penalties. In Fincham’s case, he was ordered to pay a total of £3,680, including kennelling costs, fines, and compensation to the victim.
- Control Orders: Courts can impose specific conditions on how a dog must be handled, such as requiring it to be muzzled and kept on a lead.
- Destruction Orders: In severe cases, the court may order the destruction of the dog if it is deemed too dangerous.
- Prison Sentences: Depending on the severity of the case, custodial sentences may be imposed, particularly where repeat offences or aggravating factors exist.
What to Do If You Are Facing a Dangerous Dog Charge
If you are accused of a dangerous dog offence, it is crucial to seek legal advice immediately. These cases can be highly fact-specific, and a strong defence can make a significant difference in the outcome. At Slater Heelis, we have successfully defended clients in dangerous dog cases by:
- Challenging the evidence presented by the prosecution.
- Demonstrating that the dog was provoked or that the situation was not as presented.
- Arguing that appropriate control measures were in place at the time of the incident.
- Seeking to reduce penalties through mitigation, including evidence of responsible ownership.
We understand that dog ownership comes with responsibilities, and sometimes incidents occur despite an owner’s best efforts. Our team is here to ensure that clients receive fair treatment under the law.
Final Thoughts
The case of Jack Fincham’s sentence serves as a reminder of the serious legal consequences that can arise from dangerous dog offences. While Fincham’s jail term was largely due to his suspended sentence, his case highlights the importance of responsible dog ownership and compliance with legal requirements.
If you are facing allegations relating to a dangerous dog or need advice on your legal rights as a dog owner, our criminal defence team at Slater Heelis is here to help. We provide expert legal guidance, ensuring that our clients receive fair treatment and the best possible outcome in their case. Read more about how we can support you through a dangerous dog accusation here.
Contact us today to discuss your situation with one of our expert solicitors by calling 0330 111 3131 or filling out our contact form.