The Chief Constable of Avon and Somerset (R on the application of) v Bristol Crown Court & Ors.

The Chief Constable of Avon and Somerset (R on the application of) v Bristol Crown Court & Ors.

The Crown Court erred in law and acted irrationally by making a contingent destruction order without identifying a fit and proper person to be in charge of the dog, improperly delegating responsibility to the police, and failing to properly apply the statutory scheme; the only lawful outcome was an order for destruction of the dog.

Parties
Claimant: Chief Constable of Avon and Somerset Constabulary; Defendant: Bristol Crown Court; First Interested Party: Gary Randall; Second Interested Party: Crown Prosecution Service
Jurisdiction
England and Wales
Judgment Date
14 March 2022
Procedural Posture
Judicial Review / Final Judgment
Outcome
Order quashed; destruction order substituted
Legal Topics
Dangerous Dogs, Judicial Review, Public Safety, Statutory Interpretation
Criminal Law Administrative Law Dangerous Dogs Judicial Review Public Safety Statutory Interpretation

Case Brief

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Parties

Chief Constable of Avon and Somerset Constabulary

Claimant

Bristol Crown Court

Defendant

Gary Randall

First Interested Party

Crown Prosecution Service

Second Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Crown Court erred in law and acted irrationally in making a contingent destruction order for a dangerous dog
  2. 2 Whether the statutory scheme under the Dangerous Dogs Act 1991 was properly applied
  3. 3 Whether the Crown Court could delegate responsibility for identifying a suitable owner to the police

Ratio Decidendi

The Crown Court erred in law and acted irrationally by making a contingent destruction order without identifying a fit and proper person to be in charge of the dog, improperly delegating responsibility to the police, and failing to properly apply the statutory scheme; the only lawful outcome was an order for destruction of the dog.

Court Disposition

Order quashed; destruction order substituted

Orders

  • The contingent destruction order made by the Crown Court is quashed.
  • The dog must be destroyed as required by the Dangerous Dogs Act 1991.