Effectual Control Control of Dogs Act

I got ambushed by the local Dog Warden with this one last week with a €200 fine.

So before I let my two dogs out of the car, I circle it twice to make sure there is no one about. When I am sure the coast is clear, I open the door and the dogs come bounding out, mega-excited to be going for a walk, yapping and playing with each other doggie-style.

The dog warden now jumps out of his van and states that he has dashcam evidence of my dogs not being under effectual control. That same dashcam will have filmed me checking that there was no one about.

I'd like to fight this. Have I got any grounds for defending my actions at all?

Lets say you told your dogs just after you let them out to go back into the car and wait would they?

Effectual control is not subject to the dog being on a leash (with the exception of a limited number of breeds).

Their evidence does not need to be questioned by someone qualified, an opinion is not enough to secure a conviction, that is not how the law works, if you claim your dog was under effectual control then the warden must rebut your defence made beyond a reasonable doubt through evidence, no court will accept the evidence of an unqualified opinion as fact in a criminal conviction.

There's countless case law on the evidential burdens in criminal convictions, a solicitor (as opposed to an expert witness) will easily sort out any issues under the rules of evidence

A dog off a lead jumping and playing is not evidence of a dog not under control, it's simply evidence of a playful dog, a dog not responding to your commands however for example would be evidence of such, or a dog jumping at people and you not being able to control it.

Is having your dog not under control a criminal offence? I'd be highly surprised if it is and if it's not criminal then it's not up to the prosecution to proof beyond doubt.

Yes it is a criminal offence.

Correct.

Thanks all. Looks like Fingal CC are going to be a few quid better off. 🤬