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Manchester Evening News
Manchester Evening News
National
Kieran Isgin

Lawyers on whether you legally can smash a window to save dog inside hot car

Seeing a dog stuck inside a locked car with the windows up on a searing hot and sunny day can be a distressing situation, and you may be eager to do whatever you can.

You may even be considering going to extreme measures to help the trapped canine out, such as smashing a car window. Believe it or not, this is not as dramatic an action as you may believe.

According to Dogs Trust, if a dog is trapped in a hot vehicle in the sunshine it can be fatal. However, potentially saving that dog's life by smashing a car window could land you in heaps of trouble and the law surrounding this situation is murky at best.

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For example, you could face theft or criminal damage charges, but that doesn't mean there's nothing else you can do to help the pup in distress. First and foremost, you should look for the dog's owner, or call the RSPCA or police.

But if you feel the situation is so urgent that you need to smash the window to save the animal's life, then you do have some level of protection for committing criminal damage. Matthew Reynolds, an associate solicitor at Merseyside-based 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.

"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 24-hour cruelty line 0300 1234 999. If the dog is showing signs of heatstroke then you should call 999 immediately. You may choose to take the dog out of an unlocked vehicle if the dog’s situation is critical."

Mr Reynolds, a higher court advocate, continued: “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.”

Mr Reynolds also explained the law behind the decision to smash a window to save a dog's life, saying: "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.”

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