‘Hero’ dog PD Finn’s law not working, says handler

The genesis of Finn’s Law stems from a harrowing incident in October 2016 in Stevenage, Hertfordshire. During a pursuit of a robbery suspect, PD Finn, a courageous German Shepherd, intervened to protect his handler, PC Dave Wardell. The suspect, a 16-year-old boy, attacked both Finn and Wardell with a knife. Finn suffered near-fatal stab wounds to his chest and head, narrowly missing his heart and brain, while Wardell also sustained injuries to his hand. The severity of Finn’s injuries was such that veterinary surgeons initially feared he might not survive. His heroic actions undoubtedly saved Wardell’s life, taking the brunt of a potentially fatal attack.

In the aftermath of the incident, the legal system revealed a significant loophole. While the attacker was charged with assault on PC Wardell, the charges relating to Finn were limited to criminal damage, treating the highly trained and loyal police dog as mere property. This stark injustice ignited a fierce public campaign led by Wardell and supported by animal welfare organisations, politicians, and countless members of the public. The "Finn’s Law" campaign gained immense traction, garnering over 120,000 signatures on a petition demanding stronger protections for service animals. The campaign highlighted the unique and invaluable role these animals play, arguing that their protection should extend beyond that of inanimate objects.

The tireless efforts of Wardell and his supporters eventually culminated in the passage of the Animal Welfare (Service Animals) Bill, which became law in England and Wales in June 2019. This pivotal legislation amended the Animal Welfare Act 2006, removing the provision that allowed someone to claim self-defence if they injured a service animal while committing a crime. Crucially, it meant that those who attack police dogs, horses, or other service animals could face prosecution for causing unnecessary suffering to an animal, with a potential maximum prison sentence of five years for the most serious cases of animal cruelty. The law was celebrated as a landmark achievement, designed to recognise the sentience and special status of service animals and to act as a significant deterrent against future attacks. It was intended to send a clear message that harming these dedicated animals would be met with severe legal consequences.

Despite this legislative victory, Wardell now finds himself advocating once again, lamenting that the law’s spirit and intent are not being upheld in practice. Over the past 18 months, he reports being contacted by approximately 20 distressed police dog handlers who are dismayed by the consistent challenges they face in securing appropriate legal outcomes. Their frustration stems from two primary issues: the difficulty in even securing a charge under Finn’s Law, and when charges are brought and convictions secured, the sentences handed down are frequently perceived as "too lenient."

Wardell elaborated on his concerns, stating, "If handlers even manage to secure a charge, the sentences that are passed are so low." He acknowledged that obtaining maximum sentences is inherently challenging in any legal system but stressed that the current outcomes fall far short of what was envisioned. "We’re not getting even six or nine-month sentences when some of these dogs have been horrifically attacked," he explained. He cited specific examples of offenders receiving disproportionately short prison terms for attacking service animals, including sentences of 12 weeks, 10 weeks, and a mere four weeks. "We’ve had a four-week sentence handed out – it’s almost like, why bother? Where is the deterrent factor in a four-week sentence?" Wardell questioned, highlighting the perceived inadequacy of such penalties to deter future offenders or to reflect the gravity of the crime.

In response to Wardell’s concerns, various judicial and prosecutorial bodies have provided explanations of their roles. A spokesperson for the judiciary stated: "Judges and magistrates sentence according to the law set by Parliament and the sentencing guidelines set by the independent Sentencing Council." This clarification underscores that judges operate within a framework of guidelines that take into account the severity of the offence, the harm caused, and mitigating or aggravating factors, rather than automatically imposing the maximum possible sentence. The Sentencing Council is an independent body responsible for developing guidelines for courts, aiming to ensure consistency and fairness in sentencing. However, Wardell’s advocacy suggests a need to review whether the existing guidelines adequately reflect the unique nature of attacks on service animals and the societal impact of such crimes.

Similarly, the Crown Prosecution Service (CPS) addressed the matter, stating: "We have no involvement in implementing sentences, we can only advise the sentencing judge or magistrate in line with existing sentencing guidelines." The CPS’s role is to decide whether to charge a suspect and to prosecute cases in court, presenting evidence and arguments. While they can advise on appropriate sentencing within the guidelines, the ultimate decision on the sentence rests with the independent judiciary. This division of responsibilities highlights the complexity of the legal process and the different influences on sentencing outcomes. Wardell’s plea, therefore, extends beyond individual cases to a broader call for a re-evaluation of how Finn’s Law is interpreted and applied across the justice system, from initial charging decisions by the CPS to the final sentencing by the courts.

The broader significance of service animals in society cannot be overstated. Police dogs like Finn are highly trained, often over many months or years, at considerable public expense. They perform critical roles, from tracking suspects and locating missing persons to detecting drugs, explosives, and firearms. Their bond with their handlers is profound, built on trust, loyalty, and countless hours of training and shared experiences. An attack on a service animal is not merely an act of cruelty; it is an assault on an essential member of the emergency services, potentially compromising public safety and inflicting deep emotional trauma on the handler. The loss or injury of such an animal represents a significant operational setback and a considerable financial burden in terms of veterinary care, rehabilitation, or the training of a replacement. These factors, Wardell argues, should be reflected more robustly in sentencing.

Following the horrific attack in 2016, Finn, against all odds, made a remarkable recovery and returned to duty, serving his community once more before retiring in 2017. His story captivated the nation, transforming him into the beloved "poster dog" for the campaign that bore his name. Finn and Dave Wardell became household names, even appearing on ITV’s Britain’s Got Talent, where their moving routine, demonstrating Finn’s incredible loyalty and the story of his bravery, reduced judge Simon Cowell to tears. Finn’s courageous spirit and gentle nature made him an icon, embodying the very essence of service and sacrifice.

Finn lived out his retirement years with Wardell, passing away peacefully in 2023 at the age of 14. His enduring legacy was celebrated with a memorial unveiled in Buntingford, Hertfordshire, on the second anniversary of his death, a testament to the indelible mark he left on the hearts of many and the legal landscape of the UK.

However, Wardell’s ongoing advocacy demonstrates that while the law bears Finn’s name, the battle for its effective implementation continues. He recently published an open letter to the Director of Public Prosecutions, Stephen Parkinson, on social media, directly questioning whether Parkinson believed Finn’s Law was being applied "as Parliament intended." This direct appeal underscores the urgency of Wardell’s concerns and his determination to ensure that the sacrifices of service animals like Finn are truly honoured by the justice system. The call for more consistent and robust sentencing is not just about retribution, but about establishing a credible deterrent and adequately valuing the lives and service of these extraordinary animals who risk everything to keep us safe. The current situation suggests that while the legislative hurdle has been cleared, the challenge now lies in ensuring that the spirit of ‘Finn’s Law’ translates into meaningful justice in the nation’s courtrooms.