New Dangerous Dogs Law Come into Force on Tuesday 13 May 14

[TrueBlueTerrier]

LTB 311/14 CWU "Bite-Back" Campaign - Important Government Announcement - New Dangerous Dogs Law Come into Force on Tuesday 13 May 2014:

To view this download, please click here


No. 311/14

Ref P18/14

Date: 12 May 2014


To: All Branches

CWU "Bite-Back" Campaign - Important Government Announcement - New Dangerous Dogs Law Come into Force on Tuesday 13 May 2014:

Further to previous Letters to Branches and the announcement made at CWU Annual Conference, the UK Government through the Defra ministry have confirmed that amendments to the Dangerous Dogs Act 1991 will come into force tomorrow, Tuesday 13 May 2014.

The following statement has been released to the media:-

"The Communication Workers Union which represents the largest number of dog attack victims in the UK is today welcoming into force the long awaited new tough Dog Control Laws.

The CWU is the organisation above all others that has brought about the Dangerous Dog Law changes, having run a titanic campaign for seven years, during which time 30,000 Postal and Telecommunication workers have been attacked and bitten by dogs with two members nearly losing their lives in vicious maulings.

The CWU's high profile "Bite-Back" campaign, supported by animal welfare charities, police, unions, employers, vets, medics, dog trainers, dog wardens etc first won changes in Scotland followed by Northern Ireland and today's changes for England and Wales, the largest part of the UK now ensures the whole nation has a new, far tougher dog control regime in place to protect not only communication workers but also children and ordinary members of the public.

This is a historic day for our members who have suffered by the thousand with dog bites for years and at the same time had fun poked at them with jokes about dogs chasing and biting the Postman when in reality it is anything but a joke.

With a huge loophole in the law finally closing, it means at long last that the past immunity from prosecution for private property attacks, enjoyed by irresponsible and negligent dog owners now disappears and at the same time, new far tougher penalties and prison sentences, rising from 2-years maximum to 14-years maximum come into force along with new Control Orders and Compulsory Microchipping - all the things the CWU has fought for - for so long.

The CWU campaign focus now shifts to effective, consistent enforcement and public awareness.

The Union along with Royal Mail Group will run a nationwide Dog Awareness Week from June 30th to July 4th with the new law changes being a big part of a high profile national public awareness week and campaign full of events and communications to UK's 29 Million addresses! The week is to be supported by RSPCA, Dogs Trust, Blue Cross, PDSA, Battersea Dogs Home, Guide Dogs For the Blind, Wood Green Animal Charity, British Vets Association, Dog Trainers, Lawyers, Police, Dog Wardens, Local Authorities and many other organisations." (End of Statement)

We want all Area and Workplace Safety Reps involved, supporting Dog Awareness week locally along with all Branches and Delivery Reps - further information will follow on Dog Awareness Week.

Yours Sincerely



Dave Joyce

National Health, Safety and Environment Officer

[pod25]

And just like most things this crappy government have done, they have taken this new dog law a step too far.

So this far from a historic day !!!

On 14th May 2014 the laws that govern control of dogs are changing. The Anti Social Behaviour Crime and Policing Act makes a number of amendments to the current Dangerous Dogs Act 1991 (as amended). Further changes come into effect in October 2014. The changes apply to ALL dogs and their owners, regardless of the type of dog. The guide below is a guide only:

Dangerously out of control is any occasion when a person feels reasonable fear of injury even if the dog does not injure them.

The main changes are as follows:

You will be guilty of an offence if your dog is dangerously out of control in ANY place in England or Wales (whether or not a public place) - Previously it was only an offence for a dog to be dangerously out of control in public or a private place where the dog had no right to be.

The new bill applies to any person AND assistances dogs (previously assistance dogs were not covered)

You have a (very slight!) defence by why of a "householder case" if your dog is dangerously out of control and causes fear to someone on private property IF the following apply:

The dog is dangerously out of control while in or partly in a building, or part of a building, that is a dwelling or is forces accommodation (or is both)

AND

the person in relation to whom the dog is dangerously out of control is in, or is entering, the building or part as a trespasser, or the dogs owner , (if present at that time) believed the person to be in, or entering, the building or part as a trespasser.

IMPORTANT: a garden is not classed as a building and unless classed as part of a building there may be no defence for (i.e ) a child fetching a ball.

If found guilty of an offence the following prison sentences are increased:

Fatal attack on a person : up to 14 years
Injury to a person:: up to 5 years
Injury to an assistance dog : up to 3 years

A police officer or local authority officer may seize ANY dog they believe to be dangerously out of control in a public or private place. (previously only in a public place)

If found guilty by a court the court MUST consider the following when deciding if the dog is a danger to the public:

-the temperament of the dog and its past behaviour, and

-whether the owner of the dog, or the person for the time being in charge of it, is a fit and proper person to be in charge of the dog, and may consider any other relevant circumstances.

The following also apply to dogs deemed to be type when deciding if the dog should be exempted or destroyed:

-the temperament of the dog and its past behaviour, and

-whether the owner of the dog, or the person for the time being in charge of it, is a fit and proper person to be in charge of the dog, and may consider any other relevant circumstances.

[5plusbonusball]

Presumably that's the national d2d drop on 12th/13th June

[Pat Ostman]

The new bill applies to any person AND assistances dogs (previously assistance dogs were not covered)

Why should assistant dogs be exempt?

I don't fancy 42 knives in my leg if it's an assistant dog or not, it's totally irrelevant. Unless you mean if they are attacked?

[wabbithunta]

And just like most things this crappy government have done, they have taken this new dog law a step too far.

So this far from a historic day !!!

On 14th May 2014 the laws that govern control of dogs are changing. The Anti Social Behaviour Crime and Policing Act makes a number of amendments to the current Dangerous Dogs Act 1991 (as amended). Further changes come into effect in October 2014. The changes apply to ALL dogs and their owners, regardless of the type of dog. The guide below is a guide only:

Dangerously out of control is any occasion when a person feels reasonable fear of injury even if the dog does not injure them.

The main changes are as follows:

You will be guilty of an offence if your dog is dangerously out of control in ANY place in England or Wales (whether or not a public place) - Previously it was only an offence for a dog to be dangerously out of control in public or a private place where the dog had no right to be.

The new bill applies to any person AND assistances dogs (previously assistance dogs were not covered)

You have a (very slight!) defence by why of a "householder case" if your dog is dangerously out of control and causes fear to someone on private property IF the following apply:

The dog is dangerously out of control while in or partly in a building, or part of a building, that is a dwelling or is forces accommodation (or is both)

AND

the person in relation to whom the dog is dangerously out of control is in, or is entering, the building or part as a trespasser, or the dogs owner , (if present at that time) believed the person to be in, or entering, the building or part as a trespasser.

IMPORTANT: a garden is not classed as a building and unless classed as part of a building there may be no defence for (i.e ) a child fetching a ball.

If found guilty of an offence the following prison sentences are increased:

Fatal attack on a person : up to 14 years
Injury to a person:: up to 5 years
Injury to an assistance dog : up to 3 years

A police officer or local authority officer may seize ANY dog they believe to be dangerously out of control in a public or private place. (previously only in a public place)

If found guilty by a court the court MUST consider the following when deciding if the dog is a danger to the public:

-the temperament of the dog and its past behaviour, and

-whether the owner of the dog, or the person for the time being in charge of it, is a fit and proper person to be in charge of the dog, and may consider any other relevant circumstances.

The following also apply to dogs deemed to be type when deciding if the dog should be exempted or destroyed:

-the temperament of the dog and its past behaviour, and

-whether the owner of the dog, or the person for the time being in charge of it, is a fit and proper person to be in charge of the dog, and may consider any other relevant circumstances.

A dog owner, are you?

[pod25]

A dog owner, are you?

Yes, I am.

[Himaggen]

@pod25

I've read your lengthy post but I cannot work out exactly from your opening line which point or points you consider to be a step too far!

[wabbithunta]

A dog owner, are you?

Yes, I am.

So what's the problem then?
Please do enlighten us as to your issue regarding the new dangerous dogs law that came into effect today. You know, the one that's there to protect us when we're out and about on delivery and possibly facing a potential dog incident.
I'd like to know, as others will too, what exactly is your problem with this new law?

As a guide I've added a few snippets of info for you, just in case you've missed the point of this law.

https://www.gov.uk/control-dog-public/overview" onclick="window.open(this.href);return false;
Controlling your dog in public
Overview
1. Overview
It’s against the law to let a dog be dangerously out of control anywhere, eg:
in a public place
in a private place (eg a neighbour’s house or garden)
in the owner’s home
The law applies to all dogs.

Out of control
Your dog is considered dangerously out of control if it:
injures someone
makes someone worried that it might injure them

A court could also decide that your dog is dangerously out of control if:
it injures someone’s animal
the owner of the animal thinks they could be injured if they tried to stop your dog attacking their animal
A farmer is allowed to kill your dog if it’s worrying their livestock.

Penalties
You can be fined up to £5,000 and/or sent to prison for up to 6 months if your dog is dangerously out of control. You may not be allowed to own a dog in the future and your dog may be destroyed.

If you let your dog injure someone you can be sent to prison for up to 5 years and/or fined. If you deliberately use your dog to injure someone you could be charged with ‘malicious wounding’.

If you allow your dog to kill someone you can be sent to prison for up to 14 years and/or get an unlimited fine.

If you allow your dog to injure a guide dog you can be sent to prison for up to 3 years and/or fined.
That's the first page of that link.. more on that website for you to peruse at your leisure.

http://www.legislation.gov.uk/ukpga/1991/65/contents" onclick="window.open(this.href);return false;
(Dangerous Dogs Act 1991)
This is from the main page of the Act

Changes to legislation:There are outstanding changes not yet made by the legislation.gov.uk editorial team to Dangerous Dogs Act 1991. Those changes will be listed when you open the content using the Table of Contents below. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation
Introductory Text
1. Dogs bred for fighting.
2. Other specially dangerous dogs.
3. Keeping dogs under proper control.
4. Destruction and disqualification orders.
4A. Contingent destruction orders.
4B. Destruction orders otherwise than on a conviction.
5. Seizure, entry of premises and evidence.
6. Dogs owned by young persons.
7. Muzzling and leads.
8. Power to make corresponding provision for Northern Ireland.
9. Expenses.
10. Short title, interpretation, commencement and extent.



http://sentencingcouncil.judiciary.gov. ... _final.pdf" onclick="window.open(this.href);return false;
Dangerous Dog Offences
Definitive Guideline

Contents
Applicability of guideline
Owner or person in charge of a dog dangerously out of control
in a public place, injuring any person Dangerous Dogs Act 1991
(section 3(1)) and Owner or person in charge allowing a dog to be
in a private place where the dog is not permitted to be, injuring
any person (section 3(3)(a))
Owner or person in charge of a dog dangerously out of control
in a public place Dangerous Dogs Act 1991 (section 3(1)) and
Owner or person in charge allowing a dog to be in a private
place where the dog is not permitted to be, which makes a
person fear injury (section 3(3)(b))
Possession of a prohibited dog Dangerous Dogs Act 1991
(section 1(3)) and Breeding, selling, exchanging or advertising
a prohibited dog (section 1(2))
Annex: Fine bands and community orders
A nice PDF file for you to download and peruse at your leisure..


https://www.nawt.org.uk/advice/changes- ... ice-owners" onclick="window.open(this.href);return false;
They also have a nice PDF file, link below, for you to again download and peruse at your leisure..
This is the link
https://www.nawt.org.uk/sites/default/f ... dviceF.pdf" onclick="window.open(this.href);return false;

And this is what's on it...
CHANGES TO THE DANGEROUS DOGS ACT
ADVICE TO OWNERS

The amended Dangerous Dogs Act comes into effect in England and Wales on 13
May 2014. This law applies to all dog owners no matter what size or breed, whether
your pet is a Chihuahua, a Cockapoo or a Collie cross.
Which elements of the existing Dangerous Dogs Act should dog
owners be aware of?
Section 3 of the Act applies to every single dog owner in England and Wales. Under
this section, it is a criminal offence for the person in charge of the dog to allow it to
be ‘dangerously out of control’ in a public place.
A dog doesn't have to bite to be deemed dangerous in the eyes of the law
Generally if a dog bites a person, it will be presumed to have been ‘dangerously out
of control’, however even if the dog does not bite, but gives the person grounds to
feel that the dog may injure them, the law still applies.
Not many dog owners are aware of this, and it is important to hold that thought when
looking at the changes.
What’s changing on 13 May?
While owners need to be fully aware of all the changes, the biggest difference from
now on is the Act also covers incidents on private property in addition to public
spaces. This includes your own house and both front and back gardens.
In addition:
• It will now be an offence for your dog to attack an assistance dog (Guide Dog,
Hearing Dog etc).
• Prison sentences will be increased for those convicted of some offences
• Police or an appointed local authority now have powers to seize a
dangerously out of control dog in a private place. The existing legislation
already covers public places.
What should dog owners be doing now?

Ensure your gardens are safe
The most important point to consider is how to keep unexpected visitors or delivery
drivers safe on your property. The requirement for the law to cover private places as
well as public ones has long been campaigned for by the Communication Workers
Union. Numerous Royal Mail and other delivery services employees are injured by
dog bites each year and up until now there has not been the legislation to enable
action to be taken to ensure their future safety.
You need to make sure that any visitor can safely access your front door without
encountering your dog.
There is a slight grey area in these changes in that if the person attacked is a burglar
or trespasser your dog may not be considered dangerously out of control if it is in a
building that is your private dwelling at the time of the attack. However, this does not
cover incidents in your back or front garden so while the law is yet to be tested, all
dog owners should ensure that all areas of their gardens where their dogs could
encounter unexpected visitors are secure.
If necessary it is also worth talking to your neighbours and asking them not to let
their children climb your fences to retrieve balls etc to be on the safe side.

Manage your dog when someone knocks

We all know that fewer letters are being sent through the post, but the rise in internet
shopping means that more parcels and especially signed for parcels are being
delivered, which requires the delivery person to knock at the door. This change in
legislation should be a wake up call to all dog owners to ensure their dogs are under
control when they open the door otherwise they risk committing a criminal offence.
It is not unusual for a dog to be reactive to any visitor to your door, so you need to
decide now how you are going to manage that situation. The easiest thing to do is to
shut your dog in another room or in the garden, provided of course the dog cannot
access the front door from the garden. If that is not an option, then you will need to
seek the services of an experienced or qualified dog trainer or behaviourist to teach
your dog some new behaviours around the door.
You also need to consider how your dog greets people. What you view as a dog
being friendly by jumping up at visitors may be seen as threatening behaviour by a
stranger.
Owning a dog is a huge responsibility and should not be taken lightly,
however by taking some time to think about what these changes mean to you
and your dog, you will be taking steps to keep everyone safe and avoid ending
up in a position that no one wants to find themselves in.


http://www.theguardian.com/uk/dangerous-dogs" onclick="window.open(this.href);return false;

http://www.dailymail.co.uk/news/article ... -pets.html" onclick="window.open(this.href);return false;

http://www.standard.co.uk/news/uk/huge- ... 50777.html" onclick="window.open(this.href);return false;

http://metro.co.uk/2014/05/11/police-de ... s-4724540/" onclick="window.open(this.href);return false;

http://www.bbc.co.uk/news/uk-27378427" onclick="window.open(this.href);return false;


I hope some of the above info helps you as you seem unsure as to what the actual problem is with regards to the new law.
As has been said, you don't say what your problem is. So maybe the above information will help you out.