The Communication Workers Union is calling for the closure of the “gaping hole” in legislation that allows dog-owners whose animals attack postal workers to escape prosecution.

The Dangerous Dogs Act 1991 does not cover attacks on private property, i.e. gardens, paths and driveways, which is where, according to the CWU, 70 per cent of the 6000 attacks on postal workers in the UK occur each year.

Said the union’s national health and safety officer, Dave Joyce: “Some of the most serious dog attacks of recent years have happened on private land. There is a significant number of aggressive dogs and irresponsible owners who need to be dealt with. The lack of protection against attacks on private property where a dog is permitted to be is a ‘gaping hole’ in the Dangerous Dogs Act. We want to see owners of aggressive dogs being held to account when they fail to control their dogs, and more realistic penalties handed down by the courts when prosecutions take place.”

The CWU’s ‘Bite Back’ campaign, which calls for the revision of the 1991 Act, received a massive boost last week when the Scottish Government agreed to back a Private Members’ Bill, which seeks to bring about the changes the union is looking for. If the Bill, put forward by Christine Graham MSP, becomes law dog-owners in Scotland will no longer be immune from prosecution if they allow their animals to run out of control and injure postal delivery workers.

In addition, Dog Control Orders – the canine version of an ASBO – would be introduced to enable local-authority dog wardens to require the owners of dangerous dogs to undergo training, muzzle the animal, and/or keep it on a lead in public at all times.

Dave Joyce added: “The confirmation that the Scottish Government will back the Control of Dogs (Scotland) Bill is great news for the union and a step forward in our campaign. Let’s hope that this is the catalyst for Westminster to take on board the law changes also. A series of recent meetings with new Defra minister Jim Fitzpatrick has been promising, and we hope to make a breakthrough with a positive announcement in the New Year.”

A breakthrough of sorts has already been made in the form of the prosecution of a Cambridge businessman and his daughter over an attack by their dogs, which resulted in severe injuries to a postman.

Robert and Emma Stewart were remanded on bail by magistrates on 27 November, with the case committed for trial at Cambridge Crown Court in January. The Stewarts face charges over the December 2008 incident, in which their two Rottweilers mauled Keith Davis, 54, so badly that he almost lost his arm and required extensive surgery and skin grafts.

It was initially thought that the Stewarts would not be prosecuted because the attack technically happened on private land. However, the case was eventually allowed to proceed on the basis of an argument initially put forward by the CWU to the Cambridgeshire Police and CPS that the road is open to the public and must be considered a public place.

According to the union, this is the first time a police force has taken such action and tested this area of the law. Said Joyce: “I hope that justice is done and appropriate sentences are the result.” 

The maximum penalty for having a dog dangerously out of control in a public place is a two-year jail term and unlimited fine.

Reader's Comments Andrew Kurdziel 08/12/2009 What about other visitors such as government inspectors on farms etc?   Terry Murray 03/12/2009 As a health and safety officer in a package delivery company I agree with this. No amount of safe systems, risk assesments and training allow for dogs left to roam free. Our customers expect their deliveries come rain or shine, the least the deliverer should expect is safe access.   Harry Mangham 01/12/2009 Its about time something was done postpersons get bit every day and its not getting any better.
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