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30 November 2012 / Noël Sweeney
Issue: 7540 / Categories: Blogs
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Biting back

Noël Sweeney identifies the complexities of identifying dogs

Identification evidence is the weakest form of evidence that exists. As a result of R v Turnbull [1977] QB 224, [1976] 3 All ER 549, a judge has a duty to warn a jury of the dangers of relying on identification. The dangers apply equally to civil and criminal cases. However, it is neither fair nor just to limit the protection of the law to a human. The dangers in identifying animals, be it a poodle or a pit bull, are akin to those of identifying humans rather than inanimate objects. There is no reason why a court should not apply Turnbull to animals and every reason why it should do so. For if a man is wrongly identified it can be corrected on appeal as a miscarriage of justice. If a dog is wrongly identified, no appeal could reverse destiny if his sentence is death.

Primary legislation

Although the primary legislation concerned with dangerous dogs is the Dangerous Dogs Act 1991 (DDA 1991), the Dogs Act

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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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