Police Dogs and Horses

Gareth Johnson Excerpts

Monday 14th November 2016 Westminster Hall

[David Mackintosh]

I am grateful for that intervention and I agree with the hon. Lady. At present, there is no specific offence or penalty relating to causing harm to, or the death of, a police animal. Under current legislation, such offences may be prosecuted under the Animal Welfare Act 2006 or the Criminal Damage Act 1971, which I will come to.

The petition suggests the adoption of legislation along the lines of the US Federal Law Enforcement Animal Protection Act 2000, which was introduced following similar concerns that police animals did not receive adequate protection under the law and were vulnerable to physical harm as a result. Following the Act’s introduction, it is a federal offence in the United States to maliciously harm or conspire to harm a dog or horse being used for law enforcement and carries a penalty of up to 10 years’ imprisonment.

The Government point out in their response to the petition that under existing legislation and sentencing guidelines it is technically possible for someone convicted of such an offence under the Animal Welfare Act 2006 to be imprisoned for up to 10 years.

[Gareth Johnson (Dartford) (Con)]

Can we smash this myth that 10 years’ imprisonment is available in almost any circumstance for assaults on police dogs and horses? For the matter to come before the Crown court with its extended sentencing powers would require the damage involved to exceed £5,000. I suggest there has never been such a case and that 10 years’ imprisonment has never been available for any offender convicted of such an offence.

[David Mackintosh]

I am grateful to my hon. Friend for that intervention. I have done some research into sentencing for this sort of act, which proves and backs up what he said. Alongside the 2006 Act is another option, the Criminal Damage Act 1971, which, sadly, likens any attack on an animal to damage to a police car or riot van, and does not reflect the bravery of the animal. That is wrong.

--- Later in debate ---

[Stephen McPartland (Stevenage) (Con)]

It is a pleasure to serve under your chairmanship, Mr Crausby. I would like to put on the record my thanks to the Petitions Committee for kindly allowing this debate to take place, and to my hon. Friend the Member for Northampton South (David Mackintosh) for leading it and starting us off today. I also thank the “Finn’s Law” campaign team, who have helped to mobilise public opinion behind the petition, and the members of the public who have signed the petition and contacted me to offer their support.

My interest in this subject was stirred by an incident in my constituency involving police dog Finn and his handler PC Dave Wardell. I understand that this matter is now sub judice, and we are not allowed to discuss the case during the debate. That is a pity, as I am sure that if I could share the details of what happened, there would be no doubt in anyone’s mind that our police dogs and horses need far greater protection in law than they currently have.

However, I am sure everyone will be delighted to know that both police dog Finn and his handler Dave Wardell are recovering well from their injuries. Dave is here in the Public Gallery, so I thank him for joining us today. Sadly, Finn cannot be with us but I have teased Dave that all the people who have contacted me have shown sympathy only for Finn and not for him—he is just an afterthought. On a serious note, he is a great person and a fine example of the amazing professionals that we have in Hertfordshire police.

I was privileged to take part in the police parliamentary scheme, and one of the 20 days I did with Hertfordshire police was with the police dogs team. We raced all over Hertfordshire and on that day we tackled everything from individuals who were possibly armed, to illegal immigrants inside a truck. We tackled people who were trying to evade the police and also dealt with a burglary, where they sent the same police dog in to see what was going on in the house.

These animals work constantly and consistently, on a day to day basis, week after week. They do an amazing job to keep my constituents safe, and Hertfordshire police have ensured that Hertfordshire is one of the safest places in the country to live. That is one of the key reasons why so many people relocate to my constituency of Stevenage. The thousands of new arrivals every year make it one of the strongest and most vibrant communities, providing the engine room of Hertfordshire’s economy. That is an amazing feat considering that Stevenage was this country’s first new town and celebrated its 70th birthday last Friday.

Today we need to celebrate the role of the police dogs and horses that are constantly put into some of the most dangerous situations and are attacked on a weekly basis up and down the country. These animals are doing a vital job keeping us safe, and it is only fair that we return their commitment by providing them with the protection they need when they are hurt in the course of their duty.

I know that on an emotional level my constituents and I find it difficult that these animals are treated as property in law. If someone attacks a police dog, they can be charged only with criminal damage or possibly animal cruelty. However, treating a broken window or a broken garden gnome the same as a police dog hurt in the line of duty trying to disable an armed offender, or as a police horse attacked with broken bottles during a riot, seems heartless to me and my constituents.

[Gareth Johnson]

Does my hon. Friend agree that this typifies the materialistic way in which the law treats animals? We see that with dog theft and with attacks on police dogs. Does he agree that it is time we stopped treating animals like a commodity such as a laptop computer or mobile telephone?

[Stephen McPartland]

I agree with my hon. Friend. I understand that in 2015, France stopped treating animals as movable property and now refers to them as living beings. Perhaps that is something we can consider going forward.

I understand that there is nervousness about providing police dogs and horses with the same rights as police officers, as the petition states. We need to be talking about simply treating them better than a broken window. This is about recognising that they are not pieces of property, but highly trained and highly intelligent animals; there has got to be somewhere in between. They are also part of a much larger family of working animals that work very hard on a daily basis to keep us safe.

The military police have dog handlers, and we have fire dogs in Hertfordshire. There are customs and excise dogs, guide dogs and hearing dogs. Imagine the impact on a blind person if their guide dog was attacked and injured! Apart from the intense vulnerability they would feel during the incident, they would suffer a loss of freedom and independence as the dog recovered from its injuries, and they might well be housebound as a result.

The Government response to the petition has been underwhelming, to say the least, but I believe we can get them to change their mind. I am delighted that the Policing Minister is with us today, because I know he is a big animal lover. He is not frightened of going up against the system and doing what is right, and I am convinced that together with him, we can get on and make a change through Finn’s law. We are all looking forward to working closely with him to achieve that.

The petition response states:

“An attack on a police dog or other police support animal can be treated as causing unnecessary suffering to an animal under section 4 of the Animal Welfare Act 2006. The maximum penalty is 6 months’ imprisonment, or an unlimited fine, or both. The financial element of the penalty was raised only last year from a maximum fine of £20,000. An attack on a police animal could be considered by the court as an aggravating factor leading to a higher sentence within the available range. Under some circumstances assaults on support animals could be treated as criminal damage which would allow for penalties of up to 10 years’ imprisonment.

An additional offence dealing specifically with attacks on police animals or a move to change their legal status is unnecessary in light of the maximum penalties already in place. An additional and separate offence may not result in more prosecutions, or increased sentences.”

The problem with that response, and the reason why we find it so disappointing, is that it fails to recognise that the vast majority of offences cannot be charged as either criminal damage or under the Animal Welfare Act, simply because of the very high threshold for both offences. In practical terms, there are no charges for the majority of attacks on dogs and, as other Members have said, cases rarely get to the stage of prosecution in the courts.

According to my understanding, for someone to obtain a successful prosecution of an offender under the Animal Welfare Act, they need to show that the suffering was unnecessary and deliberate. If the offender says they were scared and only defending themselves or lost control, the Crown Prosecution Service will not pursue the case. The more likely scenario is that a charge for criminal damage will be pursued, thus treating a highly trained and intelligent animal the same in law as this table or chair.

The prosecution has to show deliberate or reckless damage that is permanent or temporary. Most attacks cannot be shown to be such, because bruises do not show on dogs. The dog’s fur would have to be shaved to see the bruise underneath, meaning that it would be possible to prosecute offenders only when the dog has been stabbed or hurt in a different way. Veterinary evidence would also be needed to show that that action led to that result, and there would be a time lag between the incident, seeing the vet and the veterinary report.

The sad reality is that these animals are being placed in danger every single day of every week and are attacked on a regular basis, but the offenders are not prosecuted. The hon. Member for Halifax (Holly Lynch) mentioned the survey that was generated by the “Finn’s Law” campaign. It was only up for 24 hours, so it is not scientific, but it received 71 responses from dog handlers, 75.7% of whom have experienced their dog getting kicked or punched. Of those attacks only 8% saw charges brought—so in 92% of cases the offender got away with it completely—and 10% of handlers have experienced their dogs being seriously stabbed or seriously injured.

I will read the following handlers’ stories, which the Finn’s law campaign has collated:

“On two separate occasions my dog has been kicked at when locating suspect.

Dog got kicked by an individual at a travellers wake; dog put 18 holes in subject’s leg”—

the handler said the individual was not charged with attacking a dog, just “with affray”—

“Experienced 2 separate incidents. 1) detaining a male for dwelling burglary kicked dog in head and chest before making off over railway. 2) Punched and kicked whilst trying to detain male after a serious domestic assault. No charges brought…as not enough evidence.

During a warranted by court eviction in North London, we assisted a team of bailiffs to remove squatters. The male was hiding behind a door and when confronted by the dog he began kicking and punching him. The dog defended himself and me with a full mouth bite to the leg. Thankfully he was a hard headed, strong dog and it didn’t phase him”—

but no charges were brought due to a

“lack of bruising”.