A dog which attacked a man in the street has been spared from being put down

Chesterfield magistrates' court.
Chesterfield magistrates' court.

A dog which was dangerously out-of-control when it attacked a man in the street has been spared from being put down.

Chesterfield magistrates’ court heard on Monday, May 21, how Diane Bateman, 63, of Marsh Avenue, Dronfield, admitted being in charge of a dog which was dangerously out of control when it injured passer-by Daniel Hurst.

Prosecuting solicitor Becky Allsop told a previous hearing that the Jack Russell-cross-Staffordshire Bull Terrier, called Max, attacked Mr Hurst on Marsh Avenue on November 8 while he was walking his two dogs.

Mrs Allsop said Mr Hurst was walking his dogs when Max came out of the defendant’s property and he was bitten to the knee and shin while Mr Hurst was trying to get to his dogs.

The court heard that Bateman was already subject to a voluntary control order for Max in respect of an incident in June when the same dog nipped a delivery driver.

Defence solicitor Ben Strelley had explained that a dog expert was needed to assess Max before the court could makes any decision on the dog’s future.

Mr Strelley added that Max was already subject to a voluntary control order and he has been secured within a safe fence at the Marsh Avenue property and he has been muzzled and put on a lead whenever he goes out.

The court heard how the dog is actually owned by the defendant’s son Matthew Bateman.

Following an adjournment, magistrates agreed on Monday to spare Max but warned he would have to be destroyed if he is not kept under proper control with a lead and a muzzle.

Ms Bateman was fined £198 and must pay £100 compensation, a £30 victim surcharge and £85 costs.