Allegations of animal cruelty comes in various forms, but all cases relating to animal welfare and animal cruelty tend to be higher profile because of the amount of media attention and public interest they raise. The law is complicated and unusual and includes a wide range of actions towards any pets or protected animals.
Almost all animal welfare and animal cruelty cases are prosecuted privately by the RSPCA. There is always confusion surrounding the powers available to the RSPCA. Whilst they do not have the same powers as the police, they can still bring private prosecutions against an individual, which could result in a conviction and substantial prosecution costs.
Instructing a team of experienced lawyers at an early stage is therefore important. It can make a big difference to the outcome of your case and getting your case dealt with quickly and efficiently will mean publicity can be minimised.
If a dog is dangerously out of control anywhere (even in the owners home) then the owner/person in charge of the dog can be charged with an offence.
The aggravated version of the offence is committed if whilst out of control the dog injures any person, even on private property. Normally if a dog bite causes injury of death it will be presumed to have been dangerously out of control.
In 2014 there has already been significant developments to this area of law with new sentencing guidelines increasing the maximum sentences for dangerous dogs acts offences.
There is a presumption of the court that the dog will be destroyed unless the owner can prove the dog is not a future risk. It is therefore essential to have expert defence lawyers for these types of offences. Often in these cases it is important to instruct a dog behaviour expert to give evidence at court regarding the dogs temperament and personality to see whether there would be any further risk.
Anyone facing prosecution for an offence of this type should not do so without legal representation.
We have successfully defended many clients in relation to animal related prosecutions and instructing experienced lawyers at an early stage often results in charges not being proceeded with.
If you are suspected of being involved in any kind of animal related incident and are to be interviewed by the police or RSPCA, you are entitled to have a solicitor present and free of charge at any police interview. You should never be interviewed without legal representation.
Even if you have been interviewed already with or without a solicitor present, or due to be interviewed, then contact us so we can discuss how to help.
If proceedings have already commenced or you even believe they are contemplated, we can help, contact us immediately.
