RSPCA Prosecutions

Section 4 Animal Welfare Act 2006 allows prosecutions to be brought against the owner of an animal or somebody who has control / care of the said animal for causing unnecessary suffering.  This can include both the deliberate causing of injury to the animal but also the failure to ensure that appropriate veterinary care is sought that results in the unnecessary suffering to the animal.

Examples of that include failing to secure veterinary treatment for conditions such as conjunctivitis, ear infections or worm / flea infestations.

Typically evidence from the RSPCA includes expert veterinary evidence to show the unneccesary suffering that has been caused.  At Waldrons we have access to a number of highly skilled defence veterinary experts that can be instructed to challenge any evidence from the prosecution.  We can assist you to challenge the evidence against you.

Section 9  Animal Welfare Act – A person commits an offence if he / she does not take such steps as are reasonable in all the circumstances to ensure that the needs of an animal for which he / she is responsible are met to the extent required by good practice.

Examples of this include the failure to provide a suitable environment, failure to provide a suitable diet and failure to ensure the animal is protected from pain, suffering, injury and disease.  There are guidelines for good practice in relation to most protected animals.

Certain breeds and dogs that have the characteristics of those breeds are prohibited under the Dangerous Dogs Act 1991.

It is also a criminal offence to have a dog dangerously out of control in a public place.  Examples of this behaviour can include when a dog has bitten another person or another dog causing injury.  Or examples where they are not on a lead and out of control.

Under both the Animal Welfare Act 2006 and the Dangerous Dogs Act 1991 the prosecution can apply for an order to deprivation order.  That means that the protected animal can be taken from your care and disposed of so can be re-homed or sadly put down.

In addition the prosecution can apply for a disqualification order meaning that they can ban you from owning and keeping all protected animals or certain types of animals such as dogs etc for a specified period of time.  Any animal lover can appreciate that this could have a devastating effect on a person subjected to such an application.

At Waldrons we have an expert team who can challenge such applications before the Court and will do whatever we can to ensure that you are not disqualified from keeping animals

It is vitally important that you contact us here at Waldrons if you are contacted by the RSPCA for the purposes of any investigation into animal cruelty.  You need the assistance of a solicitor in these circumstances.

Having been interviewed the RSPCA may summons you to appear before a local Magistrates’ Court charged with offences such as animal welfare, animal cruelty.  These offences can carry imprisonment and are known to be robustly prosecuted and tend to pull on the heart strings of Magistrates hearing such cases.

Following a recent change in the law concerning animal welfare offences then charges under section 4 of the Animal Welfare Act 2006 can now be dealt at the Crown Court in certain circumstances.

It is therefore important that your case is professionally defended before the Court to ensure the best possible outcome.