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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 - The Animals (Scientific Procedures) Act 1986 Amendment Regulations 2012 2012 No. Protected animals are extended under the 1986 Act to include cephalopods (i.e., octopus or squid). The principles of replacement, reduction and refinement (the 3Rs), are encompassed in section 2A of the amendment; The Secretary of State must be satisfied that a scientific objective could not be achieved without using animals, by using fewer animals, or by causing less suffering. Statute
UK - Riding - Riding Establishments Act 1964 Riding Establishments Act 1964

An Act to regulate the keeping of riding establishments; and for purposes connected therewith.

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- Wildlife - Wildlife and Countryside Act 1981 Chapter 69 An Act prohibiting and limiting actions involving wild animals, and the primary piece of legislation for wildlife protection in the UK. Prohibitions include taking, injuring, killing and disturbing. It is also an offence to disturb places used for shelter and protection. Provides protections for wild bird nests and eggs, as well as for animal species. Proof of intention is required for an offence under the Act. 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
Scotland - Animal Welfare - 2003 Proposal 2003 Proposal, Protection of Animals (Scotland) Act 1912 For historical purposes only. Law has been repealed and/or replaced. The Scottish Executive (SE) issued a consultation paper on 21st March 2003 on proposals to amend the Protection of Animals (Scotland) Act 1912. These proposals were aimed at addressing the specific problem of the lack of statutory powers available to local authorities to remove neglected farm livestock, which are suffering or at risk of suffering, to a place of safely. The responses from a number of organisations to that paper have shown a clear desire for a much wider reform of our existing animal welfare legislation. Ministers now wish to consider expanding the proposed amendment to the Protection of Animals (Scotland) Act 1912 and to introduce wider legislation aimed at consolidating and updating much of the existing animal welfare legislation in Scotland. The purpose of any new legislation will be to prevent cruelty to any animal and to set out the obligations of people to promote the welfare of all animals (including domestic pets) for which they are either permanently or temporarily responsible. This will include owning, managing, or in any way keeping any animal, including buying, selling and transporting. Statute
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
Chalmers v. Diwell 74 LGR 173

Defendant was an exporter of pet birds. He kept birds at a premises in the course of his business. Usually the birds remained on the premises for less than 48 hours before continuing their journey to their purchasers but on occasion birds had remained on the premises for up to 12 days. A magistrates' court acquitted him of keeping a pet shop without a licence (contrary to Pet Animals Act 1951, s.1). Prosecutor appealed. Result: appeal allowed. Held: even though the premises was being used as no more than a holding center, the defendant was carrying on from that premises a business of selling pets and the premises therefore required a pet shop license.

Case
R (on the application of Patterson) v. RSPCA EWHC 4531 The defendants had been convicted of a number of counts of animal cruelty in 2011, to include unnecessary suffering pursuant to Section 4, and participation in a blood sport under Section 8 of the Animal Welfare Act 2006. Mr Patterson was found to have breached an attached disqualification order under Section 34 of the Animal Welfare Act 2006, on which this appeal is based. The order covered all types of animals for a period of five years. This prohibited him from owning, keeping, participating in the keeping of, or being a party to an arrangement under which he would be entitled to control or influence the way in which animals are kept. A number of animals were found and seized at the home. The appeal was allowed on the basis that Mr Patterson was not entitled to control or influence the way in which the animals were kept by his wife on the facts. Case

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