Clarification On The Powers That The Rspca / Sspca Have

[dymented 2,220]

Police forum just so you all no so if any of them wander on to your property with out a warrant you can legally eject them by the scruff of there neck

they often misguide the police who have little knowledge of the legality of the 2006 animal welfare act I was told not 4 months ago by the local police that hunting with dogs was banned when asked how they came about the information they sad the rspca i did educate them and convince them to look on the government web site on the hunting act .

extract take from the police forum ( I was trained differently and was told during a training session that RSPCA inspectors did have the power to seize animals and did have powers of entry. I have seen them exercise these powers first hand at Appleby horse fair.

Here is a direct paste from S19 Animal welfare act 2006. It clearly states inspector (as in RSPCA) or constable.

19Power of entry for section 18 purposes

(1)An inspector or a constable may enter premises for the purpose of searching for a protected animal and of exercising any power under section 18 in relation to it if he reasonably believes—
(a)that there is a protected animal on the premises, and
(b)that the animal is suffering or, if the circumstances of the animal do not change, it is likely to suffer.
(2)Subsection (1) does not authorise entry to any part of premises which is used as a private dwelling.
(3)An inspector or a constable may (if necessary) use reasonable force in exercising the power conferred by subsection (1), but only if it appears to him that entry is required before a warrant under subsection (4) can be obtained and executed.
(4)Subject to subsection (5), a justice of the peace may, on the application of an inspector or constable, issue a warrant authorising an inspector or a constable to enter premises for the purpose mentioned in subsection (1), if necessary using reasonable force.
(5)The power to issue a warrant under subsection (4) is exercisable only if the justice of the peace is satisfied—
(a)that there are reasonable grounds for believing that there is a protected animal on the premises and that the animal is suffering or is likely to suffer if its circumstances do not change, and
(b)that section 52 is satisfied in relation to the premises.

 

Above is the confusion that the police often fall foul the wording inspector they think it means rspca inspector it dose NOT

 

In the Animal welfare act 'Inspector' is a local authority animal welfare inspector or anyone else designated by Secretary of State - as yet the Secretary of State has not designated the RSPCA. )

 

Have a read on the forum its worth spending a few moments to educate your selves as to where you legally stand with them and the police

[walshie 2,804]

Wasn't that on the police specials website? They aren't even real cops.

[dymented 2,220]

There are some fully fledged police officers on there but the main thing is the clarification regarding the rspca

[beast 1,884]

interesting reading. hopefully thl users are now clued up on the powers (or lack of!) that the rspca have, however its good to see that the message is now starting to get through to the cops even in such a small way as that forum