Dangerous Dogs Act – First Successful Private Prosecutions By Royal Mail: 

Dangerous Dogs Act – First Successful Private Prosecutions By Royal Mail: 

Background

The CWU’s successful, high profile “Bite-Back” campaign achieved new, far tougher dangerous dogs control laws and tougher sentences in the UK that were finally introduced in May 2014 after the union’s seven year campaign during which 30,000 postmen and women were attacked and injured by dogs.

 

Introduction

Further to earlier reports, Branches will be aware that it has long been CWU Conference Policy and subsequently one of the objectives of the CWU ‘Bite-Back’ Campaign to achieve agreement with Royal Mail that where the Police, Local Authorities or Crown Prosecution Service decide not to prosecute a dog owner following a dog attack on a CWU Member, Postman or Woman, then Royal Mail should themselves pursue a private prosecution wherever possible. This policy has been vigorously pursued over a number of years.

 

Agreement was reached with the former Royal Mail Group Chair Donald Brydon CBE for Royal Mail to commission an Independent Inquiry into Dog Attacks on Postal Workers led by former High Court Judge Sir Gordon Langley QC and in November 2012 the Report of Findings and Recommendations were published and strongly supported the CWU ‘Bite-Back’ Campaign objectives.

 

Langley Report Recommendation

In relation to Royal Mail Group pursuing private prosecutions where the Enforcing Authorities fail to act, the Langley Inquiry Report recommended Royal Mail’s policy of not pursuing complaints on behalf of individual postal workers in the courts should be changed and Langley, supporting the CWU position, urged RMG to consider changing their policy and instead pursue private prosecution cases, promoting the wider interests of postal workers to be kept safe from dog attacks, adding that the publicity attached to proceedings may assist in promoting public awareness, understanding and so responsibility. The Royal Mail Group Board accepted the Report’s recommendations.

 

Law Change England And Wales

As a result of the CWU ‘Bite-Back’ Campaign, having already achieved new Dangerous Dogs Laws in Scotland and Northern Ireland, In May 2014 the Law was finally changed in England and Wales. Following the Law change the issue of cases where the Police or CPS decided against prosecution arose again, in a minority of cases, despite the new more extensive and tougher legislation and so the issue of adopting a private prosecution policy was raised with Royal Mail Group again, pointing to paragraph 63 of the Langley Report. With the support of Shaun Davis Royal Mail Group Director Safety Health and

Environment and Tony Marsh Royal Mail Group Director Security agreement was reached on the introduction of private prosecutions in dog attack cases where Postal Workers were injured, wherever the Police or Crown Prosecution Service (CPS) decided against prosecution for whatever reason. In such circumstances the case would be evaluated and then private prosecution initiated via Royal Mail’s own lawyers.

 

Prosecution Protocol

Following year long talks with the National Police Chiefs Council and Police Federation, a new Prosecution Protocol/Service Level Agreement was agreed and is being trialled in 6 Police Forces from September 2015 to February 2016 when it is hoped to be rolled out nationally. The CWU welcomes the new arrangements the union and Royal Mail have agreed with police chiefs for investigating and prosecuting Dangerous Dogs Act offences and it is hoped that this will reduce further the number of cases not prosecuted in the long run. The new set of arrangements are to be piloted by five police forces, the Metropolitan Police, West Midlands Police and Merseyside Police (the country’s three biggest forces) along with South Yorkshire and West Yorkshire Police forces.

 

First Two Successful, Landmark Prosecutions

I’m pleased to report to branches that the first two cases privately prosecuted by Royal Mail of dog owners following attacks on CWU Members employed on delivery have resulted in successful convictions.

 

Dog owner Lauren Hoban, from Leeds, pleaded guilty to owning a dog which was dangerously out of control and was ordered to pay £300 compensation to the Postman victim after he was attacked and injured by her out-of-control Alsatian. She also had to pay £100 towards prosecution costs and a £15 victim surcharge.

 

Dog Owner Stephanie Brice from Manchester, pleaded guilty to owning a dog which was dangerously out of control. She was placed on a seven-week curfew order between the hours of 9pm and 6am and ordered to pay prosecution costs of £500, a surcharge of £60, a criminal courts charge of £180 and pay compensation to the Postman victim of £750. She was also banned from keeping dogs for 18 months and her Mastiff Cross Dog was destroyed.

 

There are a total of 12 more cases currently being pursued via the prosecution route.

 

In Scotland, the legal system is significantly different and private prosecutions in criminal cases are extremely rare. Therefore, using the Scottish system, an appeal to the Procurator Fiscal is being conducted requesting that reconsideration of a case not prosecuted be undertaken.

 

Yours sincerely

 
 

Dave Joyce

National Health, Safety & Environment Officer