Hampshire Police is warning people of the legal ramifications of breaking into vehicles following an incident in Romsey.

Officers were flagged down by concerned members of the public earlier this month, regarding a dog that had been locked inside a vehicle overnight.

Upon arrival, officers assessed the condition of the dog and determined that it was not in any immediate danger.

While conducting enquires to locate the owner and have the vehicle unlocked, a member of the public smashed the driver side window.

A Hampshire Police spokesperson said: “This was not fully justified as the animal was not distressed at that time.

“As a result of this incident, multiple reports were made to the police, and all involved parties are being dealt with accordingly.

“The dog was safely removed and no harm came to the animal. However, the local dog warden has been informed and is looking to take additional action against the owner.”

Romsey car incident
The smashed window of the car after the incident (Hampshire Police)

Dogs in vehicles – Legal considerations

Leaving a dog in a vehicle, in warm or extreme weather conditions, can be extremely dangerous and can be considered an offence under the Animal Welfare Act 2006, if it causes unnecessary suffering. While in the Romsey incident the dog was not in immediate distress, owners are reminded to never leave pets unattended in vehicles for prolonged periods.

Can you legally smash a car window to rescue a dog?

In the UK members of the public do not have an automatic legal right to break into a vehicle, even if they believe an animal is in danger. Doing so may lead to Criminal Damage charges.

The correct procedure is:

  1. Assess the situation – If the dog appears to be in immediate distress e.g. drooling or collapse call 999 immediately. https://orlo.uk/eSX93
  2. Seek Assistance – If the situation is not critical please contact the RSPCA (0300 1234 999) or local authorities - for us TVBC. https://orlo.uk/0O3Pg
  3. Gather Evidence – Take photos or videos for documentation before taking any action. This is useful for police or local authority investigation.
  4. Try to locate the owner to take action.
  5. If Necessary, act further only as a last resort.

Police added: “Your actions must be proportionate, necessary, accountable and legitimate. If authorities are delayed and the dog is in clear life threatening distress, breaking a window may be justified.

“Please be aware that you may need to defend your actions legally. Police urge the public to follow the correct channels when concerned about animal welfare and allow the authorities to handle the situations properly.”