micckey 106 Posted February 15, 2013 Report Share Posted February 15, 2013 Rspca nd the law?Is it leagal for the rspca to take a lurcher because it has signs of fox hunting? Quote Link to post Share on other sites
pip1968 2,490 Posted February 15, 2013 Report Share Posted February 15, 2013 how can they prove its been used for fox hunting unless they have video or photos,and the owner of the dog can say hes fighting in the kennels or been fighting with other dogs when of the lead.its up to them to prove it Quote Link to post Share on other sites
lapin2008 1,587 Posted February 15, 2013 Report Share Posted February 15, 2013 is this a hypothetical situation or have they taken your dog? I dont think they can take anything without the police involved. Quote Link to post Share on other sites
j j m 6,615 Posted February 15, 2013 Report Share Posted February 15, 2013 as above Quote Link to post Share on other sites
micckey 106 Posted February 15, 2013 Author Report Share Posted February 15, 2013 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 Quote Link to post Share on other sites
sniffer 167 Posted February 15, 2013 Report Share Posted February 15, 2013 That's why you should never let the c@nts past the door!!!! 2 Quote Link to post Share on other sites
lapin2008 1,587 Posted February 15, 2013 Report Share Posted February 15, 2013 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. 1 Quote Link to post Share on other sites
Attack Fell Terrier 864 Posted February 15, 2013 Report Share Posted February 15, 2013 I've had young terriers that haven't done a thing in the past but through kicking off in the kennels or in the garden look as though they've had a busy seasons graft behind them. RSPCA have just blagged and bullied his dog off him by the sounds of things. 1 Quote Link to post Share on other sites
PeakOil 352 Posted February 15, 2013 Report Share Posted February 15, 2013 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 isNOT apublic law enforcement body. Society Inspectors haveNOspecial legal powers whatsoever. They have NOspecial powers to arrest offenders. They have NOright to enter your home to inspect your animals or todemand that you answer any of their questions. They have NOright 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 NOpower to stop, obstruct or otherwise detain any vehiclecarrying animals. Whilst the Society’s staff issue criminal proceedingsagainst offenders, they do so by way of private prosecution. Members of the Inspectorate wear uniforms which makethem as much like police officers as the law will allow. They are not. TheLOWEST "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 haveno legal significance whatsoever. They are designed to impressthe public. Members of the Inspectorate in seniorpositions have on various occasions stated in public that they have a cavalierdisregard for the law, and the protections that it affords to suspects. On September3, 1992, Chief Inspector John Paul gave evidence at Richmond-on-Thames Magistrates’Court in the case of David MacKay. During cross examination, defense barristerMr Thomas Derbyshire asked the RSPCA man: "Are you telling this court that youencourage your staff to flagrantly disregard civil and legal rights in the pursuitof 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." 2 Quote Link to post Share on other sites
PeakOil 352 Posted February 15, 2013 Report Share Posted February 15, 2013 (edited) Cont If You get a knock at the door; you openit. It’s the R.S.P.C.A. The “officer” may or may not be in uniformbut, 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 cautionedusing the words “You do not have to say anything but it may harm yourdefence if you do not now mention something which you later rely on incourt. Anything you do say may be given in evidence”. All this means is that the R.S.P.C.A. officer cannow 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 veryimportant that you do not allow them entry into your premises. They haveno rights to be on your property. They haveno special legal powers. They cannotdemand entry to look at your animals. They cannotdemand that you answer questions. Youmay feel that you are being helpful to let them in and have a look roundand you may feel that you have nothing to hide but do not let yourself belulled into a false sense of security. Many innocent animal keepers havelost their animals in this way. If you allow them inyou are opening yourself up to problems which could lead to you losingyour animals even if you are a good and conscientious keeper. Be firm, but polite, and donot let them into your house, or other premises. Say “I have been advised not to answer any questionsput by, or in the presence of, R.S.P.C.A. officials without a solicitorpresent. If you wish to question me I must insist that you arrange, andpay for, the police duty solicitor to be present”. Ask them to leave saying“Unless you have lawful authorisation to enter my premises I want youto leave now”. If they refuse to leave you are entitled to usereasonable 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 beback, perhaps with the police. Telephone one of the emergency helplinenumbers – we will do our best to put you in touch with people who canhelp. We can also advise on how you should now proceed. Our basic advice would be that you need to photographyou animals and your enclosures, invite a trusted friend to look overyour stock and conditions or, preferably, get someone whose testimonywould carry more weight to look over your animals/pets. It would certainlybe 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 wecan also seek legal advice on your behalf. What do you do if the police attend your premiseswith the R.S.P.C.A.? Ask “Do you have a search warrant, or other lawfulauthority, to enter my premises? Insist on a yes or no answer. If the answer is no they have no right to demandaccess don’t let them in and proceed as you would if the R.S.P.C.A. attendon 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. maysay to you, do not be tempted to let them in without proper authority. No legal seizure of your animals can take placeunless 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 yourbehalf. If they do have a search warrant ask “May I seeand read the search warrant?” Ensure that you read the warrant beforethey try to enter unless they state it is urgent. It is very importantthat 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 andinsist that any others leave. Edited February 15, 2013 by PeakOil 1 Quote Link to post Share on other sites
PeakOil 352 Posted February 15, 2013 Report Share Posted February 15, 2013 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. Quote Link to post Share on other sites
Guest Leveller Posted February 15, 2013 Report Share Posted February 15, 2013 The RSPCA thrive off the general public's ignorance of the law. A little bit of knowledge and this lad would still own the dog! 2 Quote Link to post Share on other sites
j316 119 Posted February 15, 2013 Report Share Posted February 15, 2013 you can use adog shot retrieve the fox may not be dead so it could easily bite your dog but you are not breaking the law Quote Link to post Share on other sites
The one 8,585 Posted February 15, 2013 Report Share Posted February 15, 2013 As above or a dog fight would leave the same marks Quote Link to post Share on other sites
twobob 1,518 Posted February 15, 2013 Report Share Posted February 15, 2013 Rspca nd the law?Is it leagal for the rspca to take a lurcher because it has signs of fox hunting? just remove red jacket riding hat and horn n boots ,cant prove fxckall Quote Link to post Share on other sites
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