PICTURE the scene. It’s a sweltering hot, summer day. You’re walking down the street when you pass a car with its windows up and a dog inside.

You can’t see any water, and the dog is panting heavily. You know the temperature inside must be close to 30C if not even higher, and the dog is in danger.

So what do you do?

Do you waste vital minutes looking for the owner, do you call ‘101 or 999’ and hope the police make it in time, or do you take matters into your own hands and break into the car?

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Unsurprisingly, some of us would choose the latter option – but could you get into trouble for it?

Now, dog behaviourist and trainer Keith Evans from the British Institute of Professional Dog Training has explored the issue, and cited two sections of the Animal Welfare Act 2006.

The law states: “Only a local authority Inspector or a Constable have a power to enter a premises for the purpose of assisting an animal that is, or is likely to be, suffering.

“Any member of the public who breaks into a vehicle to assist a suffering dog would not be protected by the powers under the AWA 2006, and would no doubt be subject of an investigation for an offence of Criminal Damage.

However, Sec 5(2)(b) Criminal Damage Act 1971, does offer a defence to their actions in that (i) property was in immediate need of protection, and (ii) that the means of protection were reasonable.”

Keith said: “For their actions to be reasonable there must be a level of implied consent. For example, ‘I broke the lock off the water bowser to put out the burning shed.’ “It would be reasonable to assume an implied consent from the owner that they would wish the person to damage a £5 lock to save a £500 shed and its contents.

“It might be argued that it would be reasonable for a person to believe that there was an implied consent from the owner of the car for them to break a car window to save their dog.

“The big word here is ‘reasonable’. If a person just breaks a window as there is a dog inside, and the dog is obviously fit and well, then their actions might well be deemed unreasonable, and they would have committed an offence.

“My advice is that if a person thinks that a dog is suffering, or is likely to suffer, they should call the police on 999.

“Only in the gravest of circumstances should they take it upon themselves to break into a vehicle, and that they must be prepared to justify their actions during any subsequent investigation."

The RSPCA said owners must never leave their dog alone in a car on a warm day, and encouraged people who see it happening to call 999.

A spokesman said: “Many people still believe that it’s ok to leave a dog in a car on a warm day if the windows are left open or they’re parked in the shade, but the truth is, it’s still a very dangerous situation for the dog.

“A car can become as hot as an oven very quickly, even when it doesn’t feel that warm. When it’s 22 degrees, in a car it can reach an unbearable 47 degrees within the hour.

“Don’t be afraid to dial 999, the police will inform us if animal welfare assistance is required.”