Police Dogs and Horses

Holly Lynch Excerpts

Monday 14th November 2016 Westminster Hall

[Holly Lynch (Halifax) (Lab)]

May I say how pleased I am that you are chairing this important debate, Mr Crausby? I thank the Petitions Committee for allocating time to discuss this issue in Westminster Hall, and in particular the hon. Member for Northampton South (David Mackintosh) for doing such a good job of setting out the principles underpinning the debate.

As we have heard, people all over the country have been struck by the story of police dog Finn and his handler, PC Dave Wardell, with the petition reaching more than 100,000 signatures in just 10 days. I will heed your advice, Mr Crausby, and not say any more about that case, but let me take this opportunity to wish Finn and PC Wardell all the best on their road to recovery. [Hon. Members: “Hear, hear!”]

I also thank the “Finn’s Law” campaign team, who have harnessed the sense of injustice about what happened to Finn and turned it into positive action, with a view to delivering the change that we would all like to see. I pay tribute to some of the senior officers in West Yorkshire police who have gone over and above what might have been expected to lend their support to the “Finn’s Law” campaign. If people have not already seen the video of Chief Inspector Aidy Waugh and Chief Superintendents Tim Kingsman and Mabs Hussain trying and failing to evade a police dog, all in the name of raising awareness about Finn’s law, I promise them that it is well worth a watch and even a retweet.

Spending time with West Yorkshire police in my constituency over the summer, I have met some incredibly dedicated people, yet the workload of our police forces is becoming increasingly complicated. In West Yorkshire since 2010, we have lost 1,200 police officers—a 20% reduction in the force—and increasingly officers are asked to respond to 999 calls on their own. I witnessed an incident that quickly escalated, leaving an officer surrounded following a routine attempt to stop a vehicle. With the Police Federation, I started the “Protect the Protectors” campaign and began raising police officer safety in the Chamber, but the work of the “Finn’s Law” campaign reminded me that it is not just police officers but our hard-working police horses and dogs that are exposed to risk.

There are 1,900 police dogs in the UK: 781 specialist dogs and 1,119 general purpose dogs carrying out tasks that are often simply beyond their human counterparts. In West Yorkshire fairly recently, two police cars were rammed by a vehicle and the driver ran off, evading arrest. Police dog Tia was able to track the offender and found his discarded hat; from that hat, a DNA sample was obtained and matched and the suspect identified. Police dog Ty tracked and located an elderly lady with dementia who had got lost in freezing weather. Officers were adamant that had Ty not located her, she would not have lasted much longer, exposed to the harsh weather conditions.

Police officers tell us that dogs are one of the most effective ways of managing some very difficult situations, with officers’ only concern being that not enough dogs are available. Police dog Buzz, a firearms support dog, recently detained a distressed male who was threatening the public with a large knife. He was able to bring the incident to a conclusion thanks to the advanced training that police dogs go through, and thankfully with no harm to himself.

Police horses are also invaluable, yet six were injured during last year’s million mask march and an irate football fan was sentenced to a year in prison in 2013 for punching West Yorkshire police horse Bud in the face before being detained by officers.

[Jason McCartney (Colne Valley) (Con)]

I praise the hon. Lady for her work on the “Protect the Protectors” campaign. She is giving very good examples. Police dogs and horses are an integral part of the policing team, and introducing exemplary punishments for those who show ill will and cause harm, damage and perhaps even death to police horses and dogs will give confidence to the police officers who are working as a team with their police dogs and horses.

[Holly Lynch]

I am grateful to the hon. Gentleman for that intervention. He is absolutely right: offering that protection to dogs will lend further support to handlers and to their colleagues more widely.

I did not know until I was made aware by the “Finn’s Law” campaign that the only mechanism for charging someone who assaults or kills a police dog or horse is in section 4 of the Animal Welfare Act 2006. Conviction carries a maximum penalty of six months in prison. Alternatively, in the most serious cases, an offender can be charged with criminal damage. Kent Police Federation tweeted me yesterday and summed the position up perfectly. It said that

“the Finn’s law campaign isn’t about the law treating Police Dogs the same as cops, but it is about treating them better than a broken window.”

I understand that a constructive meeting has already taken place between the campaign team and the Policing Minister, which is encouraging, but I think the Minister already knows my view: police officers and police animals alike deserve the full backing of the justice system, and tough sentences must play a role in deterring anyone who thinks that it is acceptable to assault either a police officer or a police animal—quite often it is both. That simply must not be tolerated.

Although I welcome the recent progress made, as with assaults on police officers it has been difficult to establish the scale of the problem of assaults on police animals because of a lack of official statistics. That is partly due to the difficulties of getting an offence to court and securing a conviction, as we have heard. The evidence required to secure either an animal welfare or a criminal damage conviction has to clear such a high threshold that offences are, sadly, going unpunished. To prove criminal damage, it has to be shown that property—a dog or horse in this instance—has been deliberately or recklessly broken, permanently or temporarily. Bruises and cuts resulting from kicks or punches are almost impossible to demonstrate under an animal’s fur. Similar challenges apply under the Animal Welfare Act: it would need to be proved that an offender inflicted “unnecessary suffering” on an animal and did so deliberately. If an offender claimed that a kick to a police dog’s head was an involuntary reaction to being scared, for example, a prosecution would be difficult to secure.

The average cost of the initial training of a police dog is about £20,000, and the lifetime cost, including vets’ bills, food and kennelling, is about £50,000. That is a significant investment on the part of a police force, but it makes that investment because police dogs are a highly trained asset and incredibly effective at what they do. However, precisely because of what they do, they are exposed to heightened and very different risks from other animals, and I agree with the “Finn’s Law” campaign that that should be reflected in the laws that protect them.

[Mims Davies (Eastleigh) (Con)]

I salute the hon. Lady on the “Protect the Protectors” campaign. This weekend, I stood among people laying remembrance wreaths. People from all different parts of the services were paying their respects to the people who gave their lives for our country. The work that we are doing today on the safety of police officers is similarly important. I served on the Policing and Crime Bill Committee, and this matter was not raised as an opportunity to support police dogs and horses. Does the hon. Lady think that this debate is an opportunity to ask the Minister whether the protection can be extended?

[Holly Lynch]

I thank the hon. Lady very much for that intervention. She is absolutely right, and it perhaps was a missed opportunity that we did not address the matter at that opportune moment, but hopefully not too much time has been lost and we have the ability to correct that mistake today.

I asked the Police Federation whether it had cases of assaults on police animals and details of whether convictions had been secured following those assaults, and some really troubling stories were passed on to me. In February 2013, police dog Euro was repeatedly punched around the head and kicked in what his handler described as a “violent and unpredicted” attack; Euro sustained bruising and cuts to his mouth and lip. In that instance, the offender was charged and found guilty of the offence of criminal damage to police property, but only received a community order and was ordered to pay court costs. Police dog Buzz, who I mentioned earlier, was attending a large public order incident and was kicked in the head, sustaining injuries to his tongue and the inside of his mouth. On that occasion, the offender was detained and charged under the Animal Welfare Act.

Sam, a nine-year-old German Shepherd police dog, was asked to give chase to a driver who ran from a vehicle. The man climbed on top of another car and began kicking Sam’s head; when Sam managed to pull the offender from the roof of the car, the male then began to twist the police dog’s collar, restricting his airway until he was unconscious. The dog’s handler, PC Ian Head, had to draw his baton in order to get the male to let go of Sam’s collar. Fortunately, Sam slowly began to regain consciousness, and a short time later got back to work assisting with the arrest of the offender. The offender in question was later charged with failing to provide a specimen on suspicion of drink-driving, which was the more serious of the charges against him. Part of the problem that needs to be addressed, which is often the case in prosecuting assaults on police officers as well as on animals, is that the circumstances leading to the assault take precedence, with the most serious charges being pursued at the expense of lesser charges. Too often, animal welfare charges, and even police assault charges, have been sidelined.

Those are some of the assaults that have been recorded and did go to court, but the feedback from dog handlers is that in the vast majority of cases the injuries sustained do not meet the evidence threshold required to secure a prosecution, so much of that information is then lost and not recorded. The “Finn’s Law” team spoke to 71 serving dog handlers, 75.7% of whom said that their dog had been either kicked or punched in the line of duty. Only 8% saw charges brought, with 82% of assaults on police dogs going uncharged. Some 10% of those surveyed said that they had experienced their dogs being stabbed or seriously injured.

Other countries have successfully introduced much tougher deterrents, as the hon. Member for Northampton South said. In America, specific federal laws apply to anyone who harms an animal used in law enforcement. The law states:

“Whoever willfully and maliciously harms any police animal, or attempts or conspires to do so, shall be fined under this title and imprisoned not more than 1 year. If the offense permanently disables or disfigures the animal, or causes serious bodily injury to or the death of the animal, the maximum term of imprisonment shall be 10 years.”

In this instance, “police animal” refers to

“a dog or horse employed by a Federal agency… for the principal purpose of aiding in the detection of criminal activity, enforcement of laws, or apprehension of criminal offenders.”

In Canada, Quanto’s law extends similar protections to all service animals used in law enforcement, the military and for individuals with disabilities or specific medical needs. Quanto was a police dog who was fatally stabbed while helping to apprehend a fleeing suspect. The federal law in his name means that jail sentences of up to five years can now be imposed on anyone who intentionally kills a police dog or service animal.

I said that I have had some horrible examples passed to me. I want to share one of the most awful, because to me it shows the risks that both police officers and police animals face and why our justice system must offer the greatest possible protection to them both. It dates back to 1998 and was recounted to me by a Federation representative.

Police officers attended a domestic incident, where dog handler PC Churms arrived with police dog Bryn. Shouting and screaming could be heard from inside the premises, so PC Churms advised other attending officers that he would deploy with Bryn. As he approached the house, a male appeared holding a hunter’s rifle with a silencer to the head of his female partner. The officers with PC Churms backed off, and he and police dog Bryn were left with the offender in the confines of a garden. The officer attempted to negotiate a successful outcome, but as he attempted to quieten Bryn he was shot in the leg causing significant injury. As the offender lifted the gun to shoot the officer again, PC Churms released Bryn in an attempt to bring the male under control and protect himself and the female. Police dog Bryn was killed with a single fatal shot to the head. The female attempted to run off and was shot in the shoulder. The offender dragged the female back and forced the barrel of the gun into the officer’s mouth and said, “I will come back for you,” before dragging the female away. The officer dragged himself into the street and was taken into a neighbour’s house, where they barricaded themselves and the officer was tended to.

The risks faced by our front-line officers and animals alike could not be more serious. I hope that tougher sentences for those who assault police dogs will serve to keep both dogs and handlers that bit safer in the line of duty, as the hon. Member for Colne Valley (Jason McCartney) said.

I am reassured that the Minister has met with the “Finn’s Law” campaign team. Once again, I thank the “Finn’s Law” team for the work they have done in putting this issue on the political agenda. For me, the challenge with granting police animals the same protections as police officers is that I am still of the opinion there is much more we should be doing in relation to police officer safety, so I am hoping to keep going with the broader debate about how we protect our protectors and keep front-line officers and animals safe in the line of duty. I hope that the Minister is able to reflect on the examples from other countries, as well as on some of the tales of police animal bravery that we have heard today, and think about what more can be done to offer police animals like Finn the greatest possible protection.

--- Later in debate ---

[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”.

[Holly Lynch]

When we are thinking through the thresholds required for evidence to secure prosecutions, does the hon. Gentleman agree that the prevalence of body-worn video for police officers might be part of the package for how we secure more evidence to get convictions when the charges come to court?

[Stephen McPartland]

I agree with the hon. Lady, but as my hon. Friend the Member for Dartford (Gareth Johnson) said, a monetary value is placed on the damage. It has to be shown to be worth £5,000, so even with a police officer’s body camera, it would have to be demonstrated that the kicking and punching caused £5,000-worth of damage for the case to be eligible to go to the Crown court to seek the maximum sentence. To me the situation seems inappropriate, and that is because the dog is treated the same as this table and these chairs. That is unfortunate.

Let me give another quick example from the survey:

“Drink driver decamped following”—

a road traffic collision.

“Dog tracked and located offender in bushes. Offender decided to kick dog numerous times and was duly bitten on the leg and pulled from bushes. Arrested and charged with drink-drive and traffic offences only.”

We are a nation of animal lovers, but our laws do not really protect all animals when they are put at risk of serious harm in the course of their duty. Our laws are also behind other countries, as the hon. Member for Halifax mentioned. The Bill that became the US Federal Law Enforcement Animal Protection Act 2000 was introduced in response to the fact that eight police dogs were killed in the States between 1998 and 1999. Before that, as in the UK, the animals were regarded as a piece of equipment such as a computer, and offenders were prosecuted for property damage. The Act includes any animal that is employed by a federal agency.

The American law states:

“Whoever willfully and maliciously harms any police animal, or attempts or conspires to do so, shall be fined under this title and imprisoned not more than 1 year. If the offense permanently disables or disfigures the animal, or causes serious bodily injury or the death of the animal, the maximum term of imprisonment shall be 10 years…In this section, the term ‘police animal’ means a dog or horse employed by a Federal agency (whether in the executive, legislative, or judicial branch) for the principal purpose of aiding in the detection of criminal activity, enforcement of laws, or apprehension of criminal offenders.”

I am sorry that the incident that inspired the petition took place in my constituency, but I am proud to stand alongside the campaigners to support a change in the law so that these amazing animals are treated as more than a broken window when they are hurt in the course of their duty.