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is this a hypothetical situation or have they taken your dog?

I dont think they can take anything without the police involved.

I was told this today that rspca had taken a blokes lurcher because it had signs that it had taken fox? He let them into his house they said he would maybe go to court or just have the dog reholmed?? He chose to have the dog rehomed is this realy how they work?Has anyone else had this happened, I said they have had his pants down ,,bullied him with fear of courts

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is this a hypothetical situation or have they taken your dog?

I dont think they can take anything without the police involved.

I was told this today that rspca had taken a blokes lurcher because it had signs that it had taken fox? He let them into his house they said he would maybe go to court or just have the dog reholmed?? He chose to have the dog rehomed is this realy how they work?Has anyone else had this happened, I said they have had his pants down ,,bullied him with fear of courts

 

They have no further rights then you or I. they are charity workers, Close the door in their face

 

Unless they saw your dog attacking a fox, or got pictures/vids of it happening there is no way they can prove that any scratches were done by a fox or anything else (attacked by a terrier in the park!)

 

I cant believe that someone would give them a dog to probably take away and pts.

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FER FOOKS SAKE HOW THICK ARE SOME FOLK? The Arsepca have f**k all rights or powers. They are a jumped up bunch of charity tossers who dress like coppers and give themselves similar titles to coppers to fraudulently create an impression of authority. They are a charity they have NO SPECIAL POWERS! Tell em to fook off and believe nowt an Arsepca goon says.

 

http://the-shg.org/

 

 

  • The RSPCA is a charity.
  • The Inspectorate is
    NOT a
    public law enforcement body.
  • Society Inspectors have
    NO
    special legal powers whatsoever.
  • They have NO
    special powers to arrest offenders.
  • They have NO
    right to enter your home to inspect your animals or to
    demand that you answer any of their questions.
  • They have NO
    right of access to shows, fairs and markets other than as members of the public,
    and can only carry out any law enforcement function as an assistant to a police-officer,
    upon that officer’s request
    .
  • They have NO
    power to stop, obstruct or otherwise detain any vehicle
    carrying animals.
  • Whilst the Society’s staff issue criminal proceedings
    against offenders, they do so by way of private prosecution.
  • Members of the Inspectorate wear uniforms which make
    them as much like police officers as the law will allow. They are not. The
    LOWEST "rank" in the Inspectorate is Inspector (apart from Trainee Inspectors).
    Above that they have "Chief Inspectors", "Superintendent", ’ and "Chief Superintendents".
    None of these ranks are officers of the Crown, and have
    no legal significance whatsoever.
    They are designed to impress
    the public.

Members of the Inspectorate in senior
positions have on various occasions stated in public that they have a cavalier
disregard for the law, and the protections that it affords to suspects. On September
3, 1992, Chief Inspector John Paul gave evidence at Richmond-on-Thames Magistrates’
Court in the case of David MacKay. During cross examination, defense barrister
Mr Thomas Derbyshire asked the RSPCA man: "Are you telling this court that you
encourage your staff to flagrantly disregard civil and legal rights in the pursuit
of your ends?" Chief Inspector Paul replied: "My duty is to look after the animals,
and if that involves infringing people’s civil or legal rights then so be it.
The animals cannot defend themselves so we have to do it for them."

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Cont

 

 

If You get a knock at the door; you open

it.

It’s the R.S.P.C.A.

The “officer” may or may not be in uniform
but, crucially, the police are not in attendance.

What should you do?
Do not panic and do not let the uniform or the attitude intimidate you.


There is a good chance that you will be cautioned
using the words “You do not have to say anything but it may harm your
defence if you do not now mention something which you later rely on in
court. Anything you do say may be given in evidence”.


All this means is that the R.S.P.C.A. officer can
now give evidence in court as to what you say. At this time the R.S.P.C.A.
have no powers to arrest you, all they can do is report you for summons.
We recommend that you ask “Am I under arrest?” Note their response.

It is very
important that you do not allow them entry into your premises.


They have
no rights to be on your property.



They have
no special legal powers.


They cannot
demand entry to look at your animals.


They cannot
demand that you answer questions.

 

You
may feel that you are being helpful to let them in and have a look round
and you may feel that you have nothing to hide but do not let yourself be
lulled into a false sense of security. Many innocent animal keepers have
lost their animals in this way.

If you allow them in
you are opening yourself up to problems which could lead to you losing
your animals even if you are a good and conscientious keeper.

Be firm, but polite, and do
not let them into your house, or other premises.


Say “I have been advised not to answer any questions
put by, or in the presence of, R.S.P.C.A. officials without a solicitor
present. If you wish to question me I must insist that you arrange, and
pay for, the police duty solicitor to be present”. Ask them to leave saying
“Unless you have lawful authorisation to enter my premises I want you
to leave now”.


If they refuse to leave you are entitled to use
reasonable force to eject them, as you would any other common trespasser.
Do not think that this is the end of the matter – they will probably be
back, perhaps with the police. Telephone one of the emergency helpline
numbers – we will do our best to put you in touch with people who can
help. We can also advise on how you should now proceed.


Our basic advice would be that you need to photograph
you animals and your enclosures, invite a trusted friend to look over
your stock and conditions or, preferably, get someone whose testimony
would carry more weight to look over your animals/pets. It would certainly
be a good idea to have a specialist vet check and write you a report.
We can put you in touch with expert witnesses and veterinarians and we
can also seek legal advice on your behalf.


What do you do if the police attend your premises
with the R.S.P.C.A.?


Ask “Do you have a search warrant, or other lawful
authority, to enter my premises? Insist on a yes or no answer.


If the answer is no they have no right to demand
access don’t let them in and proceed as you would if the R.S.P.C.A. attend
on their own.


Many people feel intimidated when faced with “mob-handed”
visits but the law is on your side. No matter what the R.S.P.C.A. may
say to you, do not be tempted to let them in without proper authority.


No legal seizure of your animals can take place
unless entry to your premises has taken place with proper authority.


If in any doubt, or you simply want some back-up,
call the either of the helpline numbers or get someone to call on your
behalf.


If they do have a search warrant ask “May I see
and read the search warrant?” Ensure that you read the warrant before
they try to enter unless they state it is urgent. It is very important
that you don’t to anything to obstruct the police officer(s).


Check to see who is authorised to enter by the warrant.
Only allow the persons authorised in the warrant onto your property and
insist that any others leave.

Edited by PeakOil
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Ask for a witness to be allowed in. Get a friend

to come over as soon as possible. Call the Emergency Helpline 0844 700 66 90 as soon as you are able and we will try to

locate an expert witness in your area to attend. We can also get legal

advice for you. The sooner we know you have a problem the sooner we can

start acting on your behalf. Once you animals have been seized it can

be quite difficult to get them back and we would always try to prevent

seizures being carried out.

Ensure that you record the time that any search

is initiated and also the time at which it is finished. Record the details

of anyone who enters and insist that you see ID cards for anyone in plain

clothes.

Remember that anyone not specifically named on the

warrant can be told to leave. If they do not leave they are guilty of

trespass.

Don’t be bullied, be firm but polite at all times.

If you feel the situation is getting out of hand, or you want advice,

call us.

With reference to your property (whether it be

your animals or any documentation), only the police have the authority

to remove items.

The R.S.P.C.A. (or any other charity) have absolutely

no authority to remove your property (and this includes your animals)

without your consent.

If the police want to take things away seek further

advice from us immediately. Insist that you are given a full receipt that

lists everything in detail (e.g. 75 sheets of paper, 2 notebooks, etc.)

do not accept receipts for, for example, “a quantity of correspondence”

make sure it is listed in full.

Should your animals be removed by the police you

are entitled to inspect them wherever they may have been placed and you

are entitled to an independent veterinary inspection, which the R.S.P.C.A.

are obliged to pay for.

If you are arrested insist that you speak only to

the police and do not answer questions with the R.S.P.C.A. present. Insist

that you wish to speak to the duty solicitor and do not make a written

statement until you have spoken to the duty solicitor.

The police may have some other authority to enter

your premises which means they can go in without a search warrant. They

can, for example, enter to arrest you for various offences without your

consent. If they use this authority it does not enable anyone else to

enter so you can insist that all other persons leave your premises, unless

they can give a lawful authority for their being present.

If you are unfortunate enough to be the subject

of a raid you may well find yourself overwhelmed by the sheer numbers

of people that end up on your doorstep. With police officers, R.S.P.C.A.

personnel and members of other charities brought in as consultants or

handlers, last and not least film crews, you may well be facing a dozen

or more people. Thus intimidated, even though you know your rights, you

could find yourself pressured into allowing admittance to your house or

other premises. Most keepers are law abiding citizens who have been accustomed

to cooperating with authority figures and this is what makes you vulnerable.

Perfectly healthy-looking animals have also been

removed “for further examination”, never to be returned. Do not be persuaded

to sign away your animals, for examination off your premises, or for any

other purpose – you will probably not have them returned.

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