Thematic Report: XL Bully Dogs and Police Use of Firearms
Introduction
The Police Investigations and Review Commissioner undertook two separate investigations in relation to the police use of firearms involving two XL Bully dogs. PIRC is aware that both incidents occurred during a period of heightened public interest and as the UK and Scottish Governments introduced legislative restrictions; it is a criminal offence in Scotland to now keep an XL Bully dog without a Certificate of Exemption. This report sets out the facts and circumstances of both incidents for members of the public alongside the rationale for our recommendations to Police Scotland. The aim of PIRC is to uphold public confidence in policing in Scotland.
Investigation report one
(submitted to Police Scotland)
- Type: Police Scotland Discharge of Firearms
- Subject: XL Bully Dog
- Date: 23 January 2024
Background
On Tuesday 23 January 2024, Authorised Firearms Officers (AFOs) of Police Scotland discharged police issue firearms and humanely dispatched an XL Bully dog, which had bitten a member of the public and was attacking another person.
Referral to the PIRC
On 24 January 2024, Police Scotland referred the incident to PIRC under Section 33A(c) of the Police, Public Order and Criminal Justice (Scotland) Act 2006 (as amended) and the Police Investigations and Review Commissioner (Investigations Procedure, Serious Incidents and Specified Weapons) Regulations 2013.
PIRC Investigation
PIRC Investigators reviewed statements from civilian witnesses and police officers. They examined police body worn video footage, briefing papers, reports, documentation, telephone calls, police communications, and police training and guidance material.
Circumstances
Around 5pm on 23 January 2024, Police Scotland received several 999 calls from members of the public reporting that an XL Bully dog had attacked a member of the public and was, at that time, attacking a male who had sustained serious injuries.
Unarmed officers and a police dog handler responded to the incident and Armed Response Vehicles (ARVs) were sent near to the scene by the Initial Tactical Firearms Commander (ITFC) should they be required.
On arrival, unarmed officers found the male lying on the ground with the XL Bully dog latched onto his leg. The male was in distress, appeared to be seriously injured and was bleeding heavily. Members of the public and unarmed officers attempted to assist however the dog was assessed as being too dangerous to approach.
The ITFC was informed that the attending dog handler would need to return to base to uplift specialist equipment, causing a significant delay. The dog handler further advised that they would be unlikely to safely contain the dog without substantial risk to the public and police and would require the assistance of a second dog handler.
Given the severity of the threat posed, the ongoing attack by the dog on the male, and the risk to members of the public and police officers, the ITFC deployed AFOs to the scene to dispatch the XL Bully dog.
Dispatch is a term used to describe the humane culling of a dangerous or injured animal to avoid unnecessary suffering and to prevent a dangerous animal from causing injury to others.
On their arrival, two firearms officers approached the dog which lunged at them and they discharged their weapons, dispatching it.
As a result of this incident one person was reported to the Crown Office and Procurator Fiscal Service (COPFS) for an offence under the Dangerous Dogs Act 1991.
Investigation report two
(submitted to Police Scotland)
- Type: Police Scotland Discharge of Firearms
- Subject: XL Bully Dog
- Date: 18 February 2024
Background
On Sunday 18 February 2024, Authorised Firearms Officers (AFOs) of Police Scotland discharged Police issue firearms and humanely dispatched an XL Bully dog, which had bitten members of the public and was considered dangerous.
Referral to the PIRC
On 19 February 2024, Police Scotland referred the incident to PIRC under Section 33A(c) of the Police, Public Order and Criminal Justice (Scotland) Act 2006 (as amended) and the Police Investigations and Review Commissioner (Investigations Procedure, Serious Incidents and Specified Weapons) Regulations 2013.
Circumstances
About 10.23pm on 18 February 2024, Police Scotland received several 999 calls from members of the public reporting that an XL Bully dog had attacked another dog and that several members of the public had been bitten by the XL Bully dog whilst trying to separate the dogs.
Unarmed officers and police dog handlers responded with Armed Response Vehicles (ARVs) deployed to the general area should they be required (in line with Police Scotland’s procedures).
On arrival at the scene, unarmed officers found two members of the public physically restraining the XL Bully dog. Two officers immediately took over the restraint of the dog.
The dog handler at the scene informed the Initial Tactical Firearms Commander (ITFC) that they would need to return to base to secure specialist equipment before attempting to control a dog of such size.
It was suggested that this would take approximately one hour and, despite the equipment, there would still be a significant risk of the dog overpowering the handler and breaking free.
The ITFC deployed the AFOs to the scene to dispatch the XL Bully dog due to the level of threat it presented and the imminent risk to members of the public and officers in attendance.
Unarmed officers who were restraining the XL Bully dog withdrew and two firearms officers discharged their weapons, dispatching it.
As a result of this incident one person was reported to the Crown Office and Procurator Fiscal Service (COPFS) for an offence under the Dangerous Dogs Act 1991.
PIRC findings
Following both investigations, the findings were consistent in that:
- The dogs presented an ongoing risk to the people involved and imminent risk of serious injury to the public and police officers in attendance.
- The decision to deploy conventional police firearms was in accordance with the training, policy and guidelines provided by Police Scotland.
- The discharge of firearms was lawful, proportionate and a necessary response to the threat posed by the dog to ensure the safety of the public and the officers in attendance.
Recommendations
The Commissioner made two recommendations that were applicable for both instances:
- Dog Handlers on mobile patrol, carry and have immediate access to specialist equipment within their vehicles to immediately deploy in such circumstances, to avoid any unnecessary delays in such high-risk incidents.
- Police Scotland consider drafting a protocol that establishes procedures for contacting a veterinary surgeon or other appropriate authority to attend such incidents and provide viable options for the safe management of dangerous animals.
In response, Police Scotland has since established a Dangerous Dogs Protocol for officers responding to any incidents involving dangerous dogs which outlines options available, including requesting assistance from specialist resources with appropriate equipment within their vehicles which can be utilised, depending on the incident circumstances. Budget provisions are being explored to provide further specialist equipment suitable for carriage in Police Dog vehicles.
Furthermore, Local policing divisions are in the process of identifying a cadre of vets in their areas who are willing to support the Police in response such incidents. Development of the Dangerous Dog Protocol and Force Memoranda will support this work.
Note: Recommendations to the Police are non-enforceable, however the Police are required to provide an update of their position in respect of accepting the recommendation and work undertaken to discharge.