The owner of a rehomed retired police dog which bit a man was told he will not be going to prison over the attack.

Although not trained by the owner to be aggressive, the dog in question was said to have undergone “bite work” tuition during its time in the police force.

Durham Crown Court heard some of the background to the case after defendant Alan Gittins, 69, of Gordon Terrace, Ferryhill, admitted a charge of being the owner of a dog which caused injury while dangerously out of control in a public place.

The offence was said to have happened while the defendant was walking the dog on a footpath near to the A167 Darlington Road, in Ferryhill, on Monday December 4, last year.

The Northern Echo:

Having read notes on the case, Judge Jo Kidd asked prosecuting counsel, Victoria Lamballe, about references to the dog having been trained to attack.

Miss Lamballe said those comments were made when the defendant was interviewed by the police after the incident.

Ellen Wright, representing the defendant, explained that the police interview had been paraphrased.

“It was originally a police dog, and was rehomed,” she told the court.

“He (the defendant) has not trained it to be aggressive, but it had been trained in ‘bite work’ as a police dog.”

Judge Kidd said: “The context of that training places it in a different way.”

The Northern Echo:

Prosecutor, Miss Lamballe added, however: “There are comments in the interview saying he had struggled to keep control of it in the past.”

Judge Kidd said: “There’s a difference between what I imagine is a large dog and him having physical control over the dog.”

Miss Wright said: “He said his son was better able to control the dog than him.

“It wasn’t in the context of it behaving aggressively and he had not known it to bite anyone previously.

“In the complainant’s own words, he said he (the defendant) tried to get the dog off him.”

Judge Kidd noted that the victim required hospital treatment and requested medical evidence ahead of the sentencing hearing in the case.

But she said: “It seems to me it's not going to be a case which crosses the custody threshold.

“He’s a man of no previous convictions, who is now 69-year-old, presently.”

Judge Kidd asked for a short report by the Probation Service on the day the defendant returns to court to be sentenced.

She told him: “You have pleaded guilty today and your sentence will take place in June.

“You will need to come to court a little earlier that day to speak to the Probation Service.

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“I have already explained this case does not pass the custodial threshold on the evidence I have heard, given your age and the circumstances of the case.

“You will be granted unconditional bail to return for sentence on June 10."

Judge Kidd added: “You will not be going to prison, so you are now free to go.”