The Authority oversaw a Police investigation concerning an officer who released his Police dog on a young person near the water’s edge. Police believed the young person had been involved in several late-night burglaries and was attempting to escape arrest on foot, having fled from the burglary site.

Police tracked the young person to a wharf using CCTV cameras. When officers arrived at the wharf, the area was in darkness. As he shone his torch, the Police dog handler saw the young person lying next to a wall below the level of the footpath. The dog handler believed the young person was attempting to conceal himself from Police and avoid arrest.

The dog handler told the young person that he was under arrest, and to remain still or he would release the dog. In response, the young person stood to his feet.

The dog handler said that he saw the young person stand, turn towards the water and take at least one step in that direction. This movement made him concerned that the young person may attempt to flee into the water, putting himself and officers at risk. The dog handler’s account was supported by several witness officers who also recalled seeing the young person move towards the water. CCTV footage showed the young person made a movement that, in our view, officers could have interpreted at the time as him fleeing towards the water.

The dog handler released his dog, which apprehended the young person. He was then arrested without further incident.

Police conducted a criminal investigation and determined that the dog handler was justified in using force against the young person to arrest him and prevent his escape into the water.

Police also completed an employment investigation where they identified learning opportunities for the dog handler but concluded that his actions did not amount to misconduct.

The Authority is satisfied with the Police investigation and agrees with the outcome reached.

IPCA: 26-31335