Police Dogs and Horses

Debate between Mims Davies and Holly Lynch

Monday 14th November 2016 Westminster Hall

[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.