Police Dogs cannot be cross-examined!
R v Pieterson and Holloway, (1994) The Times, 11th November
There was no authority hitherto in English law as to the admissibility of evidence concerning a tracker dog. There were a number of authorities from other jurisdictions including R v Te Whiu and Buckton [1964] NZLR 748 where it was held that a person giving evidence of a tracker dog's actions must not express his opinion about what the dog was thinking at the material time. This decision, R v Pieterson and Holloway, (1994) The Times, 11th November should blaze an English trail and set a precedent for any future dog tracking.
The case concerns the admissibility of tracker dog evidence. Within minutes of a robbery, Ben, a police dog, searched an area surrounding a club and picked up a track. Both appeals were based on the contention that the judge was wrong to admit evidence concerning the tracker dog's actions.
The submission was that that evidence was, in effect or certainly analogous to, hearsay because there was only the handler's evidence of the actions or reactions of the dog; which could not be cross examined.
Alternatively it was submitted that the evidence with regard to such tracker dogs was unreliable, that a dog had a will of its own and might act mischievously or, even without that, might act in a way inconsistent with the Pavlovian reaction sought to be induced in the dog by its training.
The Court of Appeal ruled, (with safeguards); that if a dog handler could establish that the dog had been properly trained and, over a period of time, the dog's reactions indicated that it was a reliable pointer to the existence of a scent of some particular individual then that evidence should properly be admitted.