Police Dogs and Horses
Debate between Gareth Johnson and David Mackintosh(8 years ago)
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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.