Finn's Law

Oliver believes that new legislation is needed to make it an offence to attack service animals, in the form of the Service Animals (Offensive) Bill, known as 'Finn's Law'.

See his campaign below:

5 December 2017- Sir Oliver's speech in the House of Commons

I beg to move,

That leave be given to bring in a Bill to make it an offence to attack service animals, including police dogs and horses;
to make certain offences aggravated when perpetrated against such animals;
and for connected purposes.

I am asking for leave to bring in a Bill containing what is known as Finn’s law, which arises from the experience of police dog Finn and his handler, my constituent Police Constable Dave Wardell from Buntingford. When on duty in the neighbouring town of Stevenage, PC Wardell and Finn were called to an incident involving a robbery suspect. He started to run and they followed. Eventually, the suspect hid in a garden and Finn was searching for him when a garden light came on and lit him up. PC Wardell shouted for him to stop, but the male jumped up a fence and, at this, Finn took hold of his lower leg and restrained him.

As PC Wardell looked down, he saw the man lunge forward towards Finn’s chest with a hunting knife with a blade about ten inches long. Finn was stabbed in the chest with the full length. The dog stayed to protect his handler, and PC Wardell remonstrated with the man, who replied, “What do you expect?” The man then lunged forward with the knife, this time not towards Finn but up towards the officer’s head. The officer did not have time to react but Finn did, lifting his head and putting himself between his handler and the knife. Due to Finn’s actions, the knife sliced open Finn’s head and cut PC Wardell’s hand. The officer believes that, by this action, Finn saved his life.

Other officers arrived, and the offender was taken under police control. Finn was badly injured and bleeding, and he was immediately taken in the dog van on blue lights first to a local vet and then to a specialist in chest injuries. Despite everything that was going on, and despite all the pain he was in, Finn started tending to the officer’s wound by licking it. Finn was struggling to breathe, his lungs punctured in four places. He later underwent four hours of surgery.

The incident happened in the early hours of Wednesday 5 October 2016. Finn made a remarkable recovery, with the vet commenting on his bravery and spirit. Three days later, the vet was able to remove the drains from Finn’s chest before sending him home to recover. PC Wardell slept downstairs at home with Finn for the next four weeks.

From being close to death, Finn started back training after eight weeks and, by week 11, Finn and PC Wardell were ready to start their first shift. They went back to work on 22 December 2016 for a night shift. On his very first job, Finn put his nose to the ground and found the scent of a fleeing suspect. He tracked until he found the suspect hiding, perhaps appropriately, in a stable block—it was a starry night three days before Christmas.

I have met Finn, and he is an amazing dog. Recently retired, he is one of the most successful dogs Hertfordshire police has ever had. PC Wardell feels privileged to have been his partner for seven years. Finn is action animal of the year. Finn’s story, his bravery and his desire to work are not unusual. There are 1,200 police dogs in the UK. They get kicked, punched and strangled, but rarely is a charge brought because of a gap in the law. It is difficult to shoehorn such criminal circumstances into the available offences.

When it came to charging the offender in Finn’s case, there was an offence of assault occasioning actual bodily harm of the officer, but there were only two potential charges for the injuries to Finn himself: causing unnecessary suffering to an animal, contrary to section 4 of the Animal Welfare Act 2006; or a charge under section l of the Criminal Damage Act 1971. Neither offence really captures the seriousness of an attack on a service animal, where the animal is part of a law enforcement team acting in accordance with duty and the attack aims to prevent the apprehension of a suspect, to evade the law or to remove protection from a police officer in dangerous circumstances.

Equally, where an animal is providing a vital service to a person with a disability, the seriousness of an attack is not simply in the damage to the animal but in the effect it has on the person reliant on the animal’s service. To accept such attacks on animals as just damage to property is distasteful.

My hon. Friend the Minister for Policing and the Fire Service, who is in his place, said in correspondence with me that it is

“unpalatable to think of police animals as ‘equipment’, as inferred in a charge of criminal damage”.

He promised that the Home Office will continue to work with the police on this issue. My right hon. Friend the Secretary of State for Environment, Food and Rural Affairs has said that he will investigate what more might be done.

There are legal problems with the current offences. For offences under section 4 of the Animal Welfare Act there is a defence of acting in response to a fear of harm from an animal. Of course, there is no recognition in the offence of the role of a service animal. The mental element of offences under section 1 of the Criminal Damage Act—what is the offender’s intent?—has also posed difficulties. The courts have also found difficulty in quantifying damage to animals. Normally with criminal damage it is a question of the financial value of the damage that has been done, but a seven or eight-year-old police dog is not that valuable in monetary terms. Retired police dog Finn’s injuries could not have been more serious but, when it came to sentencing, the offender was sent to custody for the offence of assault occasioning actual bodily harm—the court felt that Finn’s injuries were insufficiently serious to warrant a separate penalty.

There are new sentencing guidelines, but they do not resolve the problems of establishing a primary offence and quantifying the damage. Finn’s case suggests that the courts struggle with that. My proposal is to follow countries such as Canada, where the Justice for Animals in Service Act is now in force.

The Bill I am proposing would create a clear offence of attacking a service animal, triable either way, with appropriate sentences and a maximum of five years’ imprisonment on conviction by a Crown court. The term “service animals” provides sufficient scope to include not only animals in public service, such as police dogs and horses, but guide dogs and assistance dogs that help those with disabilities.

We are lucky in Britain to have fantastic and brave service animals like Finn, but there is a gap in the law. These animals should not be treated as equipment, but as what they really are: key members of the law enforcement team and providers of essential services. It is time for Finn’s law.

Question put and agreed to.

Ordered,

That Sir Oliver Heald, Sir Roger Gale, Sir Paul Beresford, David Hanson, John Spellar, Mr Ben Bradshaw, Neil Parish, Gareth Thomas, Jack Lopresti, Maggie Throup, Mr Nigel Evans and Jim Fitzpatrick, present the Bill.

Sir Oliver Heald accordingly presented the Bill.

Bill read the First time; to be read a Second time on Friday 23 February 2018, and to be printed (Bill 138).

February 2018 - Read my article in The House. https://www.politicshome.com/news/uk/home-affairs/law/house/house-magazine/93011/sir-oliver-heald-why-its-time-%E2%80%98finns-law%E2%80%99

May 2018 - I am continuing to press my Service Animals Offences Bill with questions in the House and a very constructive meeting at DEFRA with the Minister, Lord Gardiner, on 24 April. The Bill returns to the House of Commons on 15 June.

June 2018 - I have obtained support from Michael Gove at DEFRA for a new Bill – the Animal Welfare (Service Animals) Bill and have substituted this for my original. Although the new Bill was blocked on 15th June, it comes up again on 6th July and all at Finn’s Law are hoping for progress.

July 2018 - North East Herts MP, Sir Oliver Heald, today put his Animal Welfare (Service Animals) Bill before the House of Commons for a Second Reading. The Bill was passed to its next stage where it will be considered in detail by a Committee of MPs. https://www.oliverheald.com/news/mp-makes-progress-finns-law

Also asked the Secretary of State for the Environment a question regarding Finn's Law and an update on increasing the sentencing of those that attack police dogs and other service animals. https://parliamentlive.tv/event/index/eadfdb00-9cf1-4821-bbd5-defa9eee0004?in=10:10:01&out=10:10:55

January 2019 - The campaign to provide legal protection for police dogs and other service animals when attacked in the course of duty will take a big step forward tomorrow, 16 January, when Sir Oliver Heald’s Private Member’s Bill “The Animal Welfare (Service Animals) Bill” has its Committee stage at 10am. The Bill follows a substantial e-petition with over 125,000 signatures following a vicious attack on police dog Finn, who lives in Sir Oliver’s constituency. The court gave the attacker no separate penalty for the serious injuries to Finn, which highlighted weaknesses in the law.  Finn was regarded by the court as a piece of police equipment with little value.

Commenting Sir Oliver Heald said

“Today is a big step forward for the campaign and means that Finn’s Law will have a good chance of reaching the statute book this year. I would like to pay tribute to Finn and his police dog handler, PC Dave Wardell as well as Sarah Dixon, who has led the campaign for Finn’s Law.”

16 January - Finn’s Law went through Committee today and had unanimous cross party and Government support, including from the Herts MPs from Stevenage (Stephen McPartland) and Hemel Hempstead (Sir Mike Penning). Finn attended Committee with my constituent Dog Handler and Herts PC Dave Wardell and Finn’s Law campaign manager Sarah Dixon. I aim to have the Bill back in the Chamber for Third reading on 8th February, so the Animal Welfare (Service Animals) Bill is well on the way to becoming law and providing public recognition in law for our brave service animals for the first time. This is a change in the law which is happening internationally and across the UK. We also had the chance to discuss Finn’s Law with Nicola Sturgeon who supports the cross party campaign for a Finn’s Law for Scotland.

8 February -

I am delighted that Finn's Law has passed through the House of Commons today with Finn and Dog Handler PC Dave Wardell watching in the gallery. This unanimous all Party backing for the Animal Welfare (Service Animals)‎ Bill augurs well for its next stages in the House of Lords where Hertfordshire's Lord Trenchard will be Member in charge. We are on the way to proper legal protection for police dogs and other service animals.”

1 March - I am delighted that Finn's Law received a Second Reading in the House of Lords today.  Lord Trenchard explained the background admirably and had all Party support.

19 March - Finn's Law has now passed the Committee stage in the House of Lords and is due for its Third Reading next week.

2 April - The Animal Welfare (Service Animals) Bill has passed its final stage in the House of Lords with Lord Trenchard paying tribute to all those involved in the Finn’s Law campaign.  The Bill will now become law and is a major step forward in providing protection to service animals, such as police dogs and horses, when they are attacked.  As the Bill passed, Finn, who was sitting in the public gallery of the House of Lords, let out a large barSir Oliver Heald started the process when he was given permission to bring in the Bill in 2017.  Commenting, Sir Oliver said “I am delighted that service animals will now have the protection they need and will not simply be treated as property like a police radio.  There will now be a proper offence of causing unnecessary suffering to a service animal.  I am delighted this has passed and pay tribute to PC Dave Wardell and the Finn’s Law team.  Finn has attended every stage of the Bill and has been very well behaved but I think he was entitled to his bark as the Bill passed the House of Lords."

12 April - Finn’s Law recently completed its remaining stages in the House of Lords with the support of Lord Trenchard and received Royal Assent on 8th April. The Animal Welfare (Service Animals) Act comes into force on 8th June.

Congratulations to all who have campaigned for this important change to the law, particularly PC Dave Wardell and the Finn’s Law team led by Sarah Dixon and Nicola Skelley.

8 June - New legislation to protect service animals, such as police dogs and horses, will come in to force today (8 June)

The Animal Welfare (Service Animals) Bill, known as ‘Finn’s Law’, will prevent those who attack or injure service animals from claiming self-defence. 

The law is named after Finn, a police dog who was stabbed whilst pursuing a suspect with his handler PC David Wardell. Finn sustained serious stab wounds to the chest and head, but only criminal damage charges could be brought against his attacker. 

This new legislation, coupled with the government’s plans to increase maximum sentences for animal cruelty offences to five years in prison, will make sure those who harm service animals are punished accordingly. 

According to the group which led the campaign for this law, more than one hundred other service animals have been injured since 2012. This includes injuries such as being beaten with an iron bar, kicked or hit by a car.

Environment Secretary Michael Gove said:

“This law is about giving our service animals the protection they deserve as they dedicate their lives to keeping us safe. 

“I am committed to making the UK the best place in the world for the care and protection of animals. 

“Congratulations to all those who have campaigned to make Finn’s Law a reality and to Sir Oliver Heald for campaigning for this from the start.” 

PC David Wardell said: 

“The last two and a half years have been quite a journey of discovery for Finn and me. We decided that we just had to bring change to make sure our amazing service animals, including police dogs and horses, had protection in law. We wanted to bring as much positive from that one negative as we could. 

“The campaign was run positively on my and my family’s request and it was wonderful to see so many thousands of people getting involved. Clearly our service animals are held in high regard, as they should be. We must now make sure we follow up this amazing news on #FinnsLaw with #FinnsLawPart2, the increase in sentencing as soon as possible.”

Sir Oliver Heald MP said:

“I am very pleased that the measure that began 18 months ago as my Ten Minute Rule Bill was so strongly supported by colleagues across the House, that it is now on the statute book. I pay great tribute to the Campaign Team, Sarah Dixon, Nicola Skelley and above all, my constituent, PC Dave Wardell and the marvellous Finn. From today, service animals and their handlers have the legal recognition they deserve.”

This law coming into force follows the government recently introducing legislation in Parliament to achieve Lucy’s Law. This will ban the third party sale of puppies and kittens and alongside our other reforms, including introducing mandatory CCTV in slaughterhouses, will help to cement the UK’s position as a global leader on animal welfare.

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