You could be protected if you follow certain steps and act in good faith
A lawyer has explained the rules around breaking into a car to free a dog as the UK heads towards record-breaking hot weather. The Met Office and the UKHSA have both issued red warnings of ectreme heat – the highest level of alert in the UK – for Wednesday and Thursday this week.
Temeperaures could hit or even exceed 38C in some parts of the UK. The Dogs Trust says that at that temperature a dog in a car could die in less than 20 minutes.
Matthew Reynolds, an associate solicitor at Kirwans law firm, said: “If the dog is not showing any signs of heatstroke, such as excessive panting, whimpering or barking, then try and find the driver, for example, by asking supermarket staff to make an announcement.”
He said: “If you do leave the vehicle then try and get someone to stay with the dog to keep an eye on it and, if you can’t locate the owner, consider calling the RSPCA cruelty line 0300 1234 999 (8am to 8pm).”
The RSPCA recommends calling 999 if a dog is in distress, “as it’s the quickest way to get help and the police are the only ones with the powers of entry to a vehicle”.
In cases where a dog appears to be suffering from heatstroke, Reynolds urges people to dial 999 without delay. He adds that if the situation is dire and the police cannot arrive promptly, one may decide to remove the dog from an unlocked car.
He said: “You may choose to take the dog out of an unlocked vehicle if the dog’s situation is critical and the police are too far away or unavailable. Remember, a dog is someone’s property and you could face an accusation of theft, but it is hard to see how rescuing a dog in these circumstances could lead to you being successfully prosecuted on that basis.
“It would be wise to arrange to pass the animal to the police or RSPCA if the owner could not be located.”
He added: “Although smashing a window to rescue a distressed dog in a locked vehicle could lead to a charge of criminal damage, you would have a lawful excuse to smash the window if you believed that the owner of the vehicle would have consented to the damage, had they been aware of the circumstances.
“It would also be a defence to a charge of criminal damage if you smashed the window to protect the owner’s property (the dog) in the belief that the dog was in need of immediate protection and that smashing the window was reasonable in the circumstances to achieve that aim.
“If you do remove a dog from a car, tell the police what you intend to do and why. It would also be a good idea to take photographs or video of the dog and contact details of any witnesses to the incident.”
