Smashing a window to rescue a dog in a hot car could still be classed as criminal damage

Widely shared Facebook posts claim “police are now saying” you wouldn’t be charged with criminal damage for smashing a window to rescue a dog from a hot car, provided you take a picture and record the temperature beforehand.

But this isn’t true. The National Police Chiefs’ Council (NPCC) says there are some situations in which you may consider breaking into a car to free a dog, but doing so could still legally be classed as criminal damage.

One such post with more than 14,000 shares says: “The police are now saying if you see a dog locked in a car in hot weather, take a picture of the dog and the car. If someone is with you, get them to bring up the weather for your area on their phone so you can screen shot the temp, THEN break the car window. This way, you will not be charged with criminal damage and it gives the police photo evidence to take the dog owners to court.”

But a spokesperson for the NPCC told Full Fact that “legally, breaking into a vehicle could be classed as criminal damage”, and that you should immediately call 999 and ask for the police if you see a dog in a hot car showing signs of heatstroke.

They added: “If the dog’s condition is critical and the police haven’t arrived yet, you may consider breaking into the car to free them but it is important you tell the police what you intend to do and why, as well as taking photos or videos if possible.”

The spokesperson went on to say that if you did break the windows of a car in these circumstances, you may be required to defend your actions, proving that your decision was reasonable and that you believe the owner would consent if they were present.

“If there are other witnesses, take their details as they may be able to help support you in showing that your actions were necessary under the circumstances,” they added.

The Criminal Damage Act 1971 says that a person charged with criminal damage might be deemed to have a “lawful excuse” if at the time of the offence they believed the person who was entitled to consent to the destruction or damage of the property (in this situation, the owner of the car) would have consented to the damage if they had known of the circumstances.

The RSPCA also recommends calling 999 and telling the police if you intend to break into a car to rescue a dog. You can find more information on recognising the signs of heat stroke in dogs on its website. The NPCC said police have powers to break into a vehicle to prevent animal suffering.

We’ve debunked this claim before, and fact checked other misleading claims about how to treat an overheating dog.