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Displaying 31 - 40 of 51
Title Citation Summary Type
Hopson v. DPP [1997] C.O.D. 229

The owner of a bird of prey had kept it in a wire aviary for at least six weeks, during which it had injured itself by repeatedly flying into the wire mesh. Having been convicted on these facts of an offence of cruelly ill-treating the bird contrary to the first limb of s 1(1)(a) of the Protection of Animals Act 1911, he appealed, contending that under that limb, unlike the second limb, he should only have been convicted if he was guilty of a positive act of deliberate cruelty. Dismissing the appeal, the Divisional Court held that a person could be guilty of cruel ill-treatment of an animal he was responsible for by allowing it to remain in a situation where it was continuing to injure itself, even if he did not desire to bring about the harm.

Case
UK - Research Animals - Animals (Scientific Procedures) Act 1986 1986 CHAPTER 14 An Act to regulate the use of live vertebrate animals in research. Before a test on animals is given permission to proceed various licenses are required. These include: a personal license for each person carrying out the procedure, a project license for the programme of work, and an establishment license for the place in which the work is carried out. Each project must undergo a harm/ benefit analysis. This considers the potential benefits for humankind, the environment or other animals, against the pain, suffering, distress or lasting harm which the experimental animals may experience. Licence holders who lawfully use animals under the Act are exempted from the provisions of the Animal Welfare Act 2006, the Animal Health and Welfare (Scotland) Act 2006, and the Welfare of Animals Act (Northern Ireland) 2011. Section 24 of the Act makes it an offence to disclose any information relating to a regulated animal experiment which has been, or is reasonably believed to have been, given in confidence. Statute
UK - Welfare - Protection of Animals (Anaesthetics) Act 1954 1954 c. 46

For historical purposes only. Law has been repealed and/or replaced. An Act to extend the provisions of the Protection of Animals Acts in relation to the performance of operations on animals. The statute provides a list of operations that may only be performed with the use of anaesthetic.

Statute
McQuaker v. Goddard [1940] 1 KB 687

A camel is not to be regarded as a wild animal by the common law as a camel 'is, in all countries, a domestic animal, an animal that has become trained to the uses of man, and a fortiori accustomed to association with man.' Whether an animal is to be regarded as wild or domestic is a question of law, and is to be judged according to the genus or class of which it belongs, not the characteristics of the individual animal.

Case
UK - Slaughter - The Welfare of Animals (Slaughter or Killing) Regulations 1995 1995 No. 731 Under these Regulations it is an offence to cause, or to permit, unavoidable excitement, pain or suffering to any animal during restraint, stunning, slaughter or killing. Statute
R. v. Kirklees Metropolitan Borough Council, ex parte Tesco Stores Ltd. CO/467/93

Although a local authority may not adopt a policy of not enforcing certain laws or not enforcing them against certain types of parties, it may nevertheless make rational choices with respect to the use of its enforcement powers in order to deploy its limited resources in the most efficient and effective manner.

Case
UK - Wildlife - Conservation of Habitats and Species Regulations 2017 2017 No. 1012 These Regulations consolidated the Conservation of Habitats and Species Regulations 2010, and made minor modifications. Part 3, regulation 43 makes it an offence (subject to exceptions) to deliberately capture, kill or disturb certain wild animals or to trade in them. Regulation 45 prohibits the use of certain methods of capturing or killing wild animals. Statute
The United Kingdom

The United Kingdom

UK Pet Stores

Policy
Johnson v. Needham [1909] 1 KB 626

The Court upheld a decision of local justices to dismiss an information that the defendant "did cruelly ill-treat, abuse, and torture a certain animal" contrary to the Cruelty to Animals Act 1849, s. 2 (1). The Act made it an offence to ill-treat, abuse, or torture an animal, and thereby established three separate offences from which the prosecutor should have elected. Note: Although the 1949 Act has been repealed, similar language appears in the Protection of Animals Act 1911, s 1(1)(a), and presumably the same reasoning applies to that statutory provision.

Case
James v. RSPCA EWHC 1642 Defendant was charged with unnecessary suffering towards three horses found in terrible conditions. It was held that where a protected animal is found in distress, a veterinarian's certificate need not be in writing for a constable or inspector to exercise powers under Section 18 of the Animal Welfare Act 2006 (namely seizure and detention). Oral certification of suffering will suffice in certain circumstances, for example where the protected animal requires urgent treatment and there is not sufficient time to produce a written certificate. Case

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