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'Hero' dog PD Finn's law not working, says handler

LONDON – Five years after the landmark "Finn's Law" was enacted to offer greater protection to service animals in England and Wales, the handler of the heroic police dog who inspired the legislation has declared it is failing to deliver on its promise. PC Dave Wardell, whose partner PD Finn survived a near-fatal stabbing in 2016, argues that despite the law's intent, sentencing for attacks on service animals remains critically inadequate, undermining a hard-won legislative victory.

The legislation, officially the Animal Welfare (Service Animals) Act 2019, was celebrated as a monumental step forward, increasing the maximum prison sentence for the most severe cases of animal cruelty from six months to five years. However, an analysis of its application suggests a significant gap between the law's potential power and its practical implementation in the courts.

A Landmark Law Under Scrutiny

PC Wardell's critique centres on the assertion that the judiciary and Crown Prosecution Service (CPS) are not consistently applying the full scope of the law. He contends that the five-year maximum sentence, designed as a powerful deterrent, is rarely, if ever, utilised.

This discrepancy between the statute on the books and the reality in the courtroom has reignited debate over whether the legal system is equipped or willing to treat attacks on highly trained service animals with the gravity the legislation intended.

• The Core Argument: PC Wardell and other campaigners state that while the law provides the necessary tools, a lack of robust sentencing has rendered its toughest provisions largely symbolic. They are now calling for a formal review of sentencing guidelines and a renewed commitment from the justice system.

The Incident That Sparked a Movement

The campaign for Finn's Law was born from a violent incident in October 2016 that shocked the nation and exposed a glaring loophole in British law.

During a police pursuit in Stevenage, Hertfordshire, German Shepherd PD Finn was brutally stabbed in the head and chest while protecting PC Wardell. The assailant was apprehended, but the subsequent legal proceedings highlighted the inadequacy of existing laws. The attacker could only be charged with criminal damage for injuring Finn—a charge equivalent to breaking a piece of police equipment.

• The Attack: Finn sustained life-threatening injuries while apprehending a suspect, requiring extensive emergency surgery. He was later able to return to duty before retiring.
• The Legal Loophole: Under the Criminal Damage Act 1971, animals were legally considered property. This meant causing injury to a police dog carried the same legal weight as smashing a window, a classification that prompted widespread public outrage.
• The Campaign: The "Finn's Law" movement, led by PC Wardell, gathered immense public support and cross-party political backing, culminating in the new legislation passing into law in June 2019.

Unpacking the Animal Welfare (Service Animals) Act 2019

The 2019 Act was specifically designed to address the failings exposed by Finn's case. It amended the Animal Welfare Act 2006 to make it a specific offence to cause unnecessary suffering to a designated service animal.

Crucially, it also removed a clause that allowed defendants to claim they were acting in self-defence when harming a service animal—a common defence used in such cases. The law's headline measure was the dramatic increase in sentencing power.

• Legislative Change: The Act created a distinct offence for harming service animals, separating them from the general classification of property and recognising their unique role.
• Sentencing Power: The maximum penalty for causing unnecessary suffering to an animal was increased from six months to five years' imprisonment, providing courts with significantly more punitive scope.
• Scope of Protection: The law covers animals serving with the police, the National Crime Agency, prison services, fire and rescue authorities, and the armed forces.

Sentencing Data Reveals a Troubling Trend

While the law has been in effect for five years, an examination of conviction and sentencing data suggests that the new maximum penalties are not being imposed. Legal and animal welfare groups monitoring the law's application report a persistent trend of lenient sentences.

Ministry of Justice data, while not isolating all cases under the Act, indicates that the average custodial sentence for animal cruelty offences remains well under one year. No sentence has yet approached the five-year maximum available under Finn's Law.

• Maximum vs. Average Sentence: The five-year maximum is a ceiling, not a mandatory sentence. However, campaigners argue that even in the most egregious cases of targeted violence against police dogs post-2019, sentences have typically been measured in months, not years.
• Judicial Discretion: Legal experts note that judges operate within complex sentencing guidelines, which require them to consider mitigating factors, the defendant's background, and the "realism" of a sentence. This discretion may lead them to favour penalties far below the statutory maximum.
• Economic Impact: The cost of training a general-purpose police dog is estimated to be in excess of £20,000, with specialist animals costing significantly more. An attack that forces early retirement represents a substantial loss of public investment, in addition to the operational impact.

The Road Ahead: A Call for Review and Training

The concerns raised by PC Wardell have prompted calls for a formal government review of the law's effectiveness. Proponents of the legislation are now shifting their focus from creation to implementation.

The next phase of the campaign is expected to concentrate on ensuring the judiciary, magistrates, and prosecutors fully understand the legislative intent behind Finn's Law and are encouraged to use the sentencing powers at their disposal.

• Proposed Actions: Key stakeholders are advocating for several measures to strengthen the law's impact, including:
  • A formal review by the Ministry of Justice into sentencing patterns for attacks on service animals.
  • Updated guidance and training for the judiciary and the CPS on the severity of these offences.
  • More transparent data collection to accurately track how the Animal Welfare (Service Animals) Act is being applied in practice.

While Finn's Law remains a significant achievement in animal welfare legislation, its legacy now depends on whether the legal system can translate its powerful intent into meaningful justice.