Bates v United Kingdom: ECHR 16 Jan 1996

The claimant sought to challenge the rebuttable presumption as to the breed of a dog enacted in section 5(5) of the Act.
Held: The applicant had been entitled but, although represented, had failed, to call evidence to prove at trial that his dog was not of the breed proscribed by the Act, and that the court had relied on an admission by him that the dog was of the breed proscribed. The section was held to fall within reasonable limits. The complaint was inadmissible.

Citations:

26280/95, Unreported, 16 January 1996

Statutes:

Dangerous Dogs Act 1991 5

Jurisdiction:

Human Rights

Cited by:

CitedSheldrake v Director of Public Prosecutions; Attorney General’s Reference No 4 of 2002 HL 14-Oct-2004
Appeals were brought complaining as to the apparent reversal of the burden of proof in road traffic cases and in cases under the Terrorism Acts. Was a legal or an evidential burden placed on a defendant?
Held: Lord Bingham of Cornhill said: . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Animals, Crime

Updated: 30 April 2022; Ref: scu.218814