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LTB
1067/11New Sentencing Proposals for Dangerous Dogs Offences Announced -
Public Consultation Launched - CWU 'Bite-Back' Campaign:
LTB 1067/11New Sentencing Proposals for Dangerous Dogs
Offences Announced - Public Consultation Launched - CWU 'Bite-Back' Campaign:
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No. 1067/11
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Ref P18
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Date: 19 December 2011
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To:
All Branches
Dear
Colleagues
New
Sentencing Proposals for Dangerous Dogs Offences Announced - Public
Consultation Launched - CWU 'Bite-Back' Campaign:
New proposals
about how convicted owners of dangerous dogs should be sentenced by the
courts have been announced, with the launch of a public consultation on
the first ever sentencing guidelines that covers dangerous dog offences.
The proposals and public consultation have come about as a direct result
of the CWU 'Bite-Back' campaign, government lobbying and meetings with
Defra, Home Office and Justice Ministers.
With the rising numbers of
people being convicted for Dangerous Dogs Offences, the growing number of
Dog Attacks, a Dog Population in the UK of around 10 Million and constant
pressure from the CWU regarding its 6000 members attacked by Dogs every
year, the Sentencing Council is responding to ensure that there is
effective guidance for the courts and judges. The Sentencing Council
state that the aim is to achieve consistent and proportionate sentencing
throughout England and Wales so that wherever owners of dangerous dogs
appear in court, appropriate sentences are passed. The Sentencing Council
has added that It does not propose any reduction in sentences for those
convicted of dangerous dog offences. The CWU has welcomed that
announcement as in our view sentences need to significantly increase in
order to become an effective deterrent.
The draft guideline also aims
to ensure that Judges make best use of their powers so that irresponsible
owners who put the public at risk can be banned from keeping dogs,
genuinely dangerous dogs can be put down and compensation can be paid to
victims. These proposals again positively respond to the CWU's
submissions to government Ministers that deprivation orders, destruction
orders and ownership bans must be used more often and indeed be automatic
in the worst cases. It has also been the CWU case that due to the fact
that many irresponsible owners are uninsured people with no assets and
difficult or near impossible to sue for compensation via the Civil Courts
- the Criminal Courts should make Compensation Orders to be paid to
victims. This would benefit many CWU Members.
The guidelines cover the most
commonly sentenced offences in the Dangerous Dogs Act 1991, including
allowing a dog to be dangerously out of control causing injury and
possession of a prohibited dog.
The Sentencing Council's
proposals take into account findings from research it conducted to
explore the public's views on sentencing for these offences and the
guideline ranges largely reflect sentences suggested by the majority of
respondents. The consultation now gives the opportunity for anyone to
give their views on the proposals.
The majority of dog owners
take good care of their pets and keep their dogs under control but as we
in the CWU know more than any other organisation, there is an urgent
pressing need to ensure that irresponsible dog owners who put the public,
children, Postal workers, Telecom workers and other workers at risk are
firstly prosecuted and then sentenced appropriately with a penalty that
fits the crime.
The 'draft' guidelines
proposals give guidance to Courts on making the best use of their powers
so that people can be banned from keeping dogs, genuinely dangerous dogs
can be put down and compensation can be paid to victims. The CWU welcomes
those proposals which have been a long time coming.!
This consultation provides an
opportunity for anyone interested in this issue to give their views so
the Sentencing Council can make sure the guidelines are as effective as
possible. The Courts are seeing more dangerous dog offences coming before
them, so Magistrates and High Court Judges are also welcoming the
development of these new guidelines. It will help magistrates decide the
appropriate sentence for both the normally careful owner whose pet gets
momentarily out of control and the negligent, irresponsible and reckless
owner who doesn't care if their dog poses a risk to the public or for an
example injures workers or children. It will also help magistrates and
High Court Judges to decide if additional action to keep people safe is
needed, such as banning someone from owning a dog.
The Sentencing Council adds
that in situations where someone deliberately sets a dog on another
person and injures them, the offender is likely to be charged with
assault - the assault sentencing guideline refers specifically to the use
of an animal as a weapon as a factor increasing the level of sentence.
The CWU has found an
unacceptable leniency applied to Dangerous Dogs cases in general and
inconsistency which is equally a problem needing to be addressed. The
draft guidelines on dangerous dog offences will certainly help address
these problems and provide much needed clarity and consistency in
assessing individual cases and this consultation will be considered in
detail by the Union and we will be making a major detailed response. As
the 'key stakeholder organisation' with the most victims per annum, we
will play our part in helping to shape the sentencing procedure.
The consultation paper,
resource assessment, equality impact assessment, statistical bulletin,
research bulletin and an online questionnaire are available during this
consultation period. These can be found
at: http://sentencingcouncil.judiciary.gov.uk/media/665.htm
Copies of the main documents are attached. To respond via the on-line
e-questionnaire go to:- https://survey.euro.confirmit.com/wix2/p830123183.aspx
The draft guideline covers six dangerous dog offences in the Dangerous
Dogs Act 1991:
- owner or person in charge of a dog which was
dangerously out of control in a public place injuring any person;
- 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;
- owner or person in charge of a dog which was
dangerously out of control in a public place;
- owner or person in charge allowing a dog to be in
a private place where the dog not permitted to be;
- possession of a prohibited dog (these are the Pit
Bull Terrier, Japanese tosa, Dogo Argentino and Fila Brasileiro);
and
- breeding, selling or exchanging a prohibited dog.
Guidelines set sentencing
ranges within current legislation. When legislation changes, the
guidelines will be amended as appropriate.
Although the UK Dog Population
is around 10 Million, only around 1,200 people were convicted and
sentenced for Dangerous Dogs Act offences in 2010. This was up 35% from
855 offences in 2009. It needs to be remembered however that welcome as
it is, these proposals do not deal with the central problem and that is
with the deficient Dangerous Dogs Laws in England and Wales, the main
issue being for the CWU is that the law doesn't apply on private land
where 70% of the attacks on CWU members occur. Another problem for us is
the lack of adequate, consistent enforcement. Therefore these proposals
must not be seen in isolation of the years of campaigning that's been
done and continues to be done by the CWU through our
"Bite-Back" Campaign, seeking the government to fulfil its
promises to introduce improved, more effective, tougher legislation
concerning dangerous dogs. In short - it's all very well improving
sentencing BUT if the law doesn't apply! and the Police can't enforce it
then sentencing changes are purely academic. The Health, Safety &
Environment Department will be giving detailed consideration to the
documentation in the consultation which amounts to well over 100 pages in
the Consultation Document and accompanying documents covering Research,
Analysis, Impact and Resource assessments etc before submitting our
response but on first consideration, I am of the view that we will be
calling for a harsher range of sentences for the worst offenders.
Responses to the consultation
should be sent by 8 March 2012 to:
Office of the Sentencing Council
Steel House,
11 Tothill Street
London SW1H 9LJ
Tel: 020 3334 0634
Fax: 020 3334 0406
e-mail: consultation@sentencingcouncil.gsi.gov.uk
The Health,
Safety and Environment Department would urge all Branches,
Representatives and members to respond to the Public Consultation in
strong terms.
Following a meeting with the new Defra Minister responsible for
Dangerous Dogs Lord Taylor on 15th November, where sentencing, amongst
other things was discussed, a letter was sent to the Minister on 28th
November welcoming the promise made at the meeting to review current
sentencing guidelines as follows: "I welcome the plans for referral
to the Sentencing Council, the question of appropriate sentencing and
punishment in Dog Attack cases, as despite the range of sentences
available, the Courts have traditionally treated dog attack offences far
to leniently." The letter covered all other key areas in our
'Bite-Back' Campaign including:-
1. Private Property.
2. Compulsory Microchipping.
3. Sentencing.
4. Consolidated Bill.
5. Dog Control Notices (DCNs)
6. Compensation and Compulsory Insurance
A copy of the letter to the
Defra Minister responsible for Dangerous Dogs,
Lord Taylor of
Holbeach, the Parliamentary Under Secretary of State at Defra, entitled
'Dangerous Dogs Legislation Review - CWU "Bite-Back" Campaign'
and dated 28th November 2011 is attached.
BITE - BACK CAMPAIGN AIMS
- new UK wide consolidated and
strengthened Dog Control Laws, that prevents dog attacks on Postal
Workers, Telecom Workers, other workers, children and the public,
- dog control laws
to apply everywhere including private property,
- the introduction
of new preventative Dog Control Notices (DCNs) to be issued by Dog
Wardens and Police Officers,
- compulsory
Microchipping and/or Licensing of all dogs,
- compulsory Third
Party Insurance cover for dogs,
- greater powers for
and better enforcement of dog control Law by the Police and Local
Authorities Dog Wardens,
- harsher sentences
by the Courts for offending dangerous dog owners,
- better
information, education and training for dog owners,
- raising public
awareness of the serious problem and to generate support.
PLEASE URGE
ALL MEMBERS TO
SIGN THE DANGEROUS DOGS - IRRESPONSIBLE OWNERSHIP No 10 DOWNING STPETITION AT:-
http://epetitions.direct.gov.uk/petitions/22631
Yours Sincerely
Dave Joyce
CWU National
Health, Safety & Environment Officer
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