Rspca......lack Of Rights

[gravedigger 87]

Things to remember about the RSPCA.

 

> The RSPCA is a charity.

 

> The Inspectorate is NOT a public law enforcement body.

 

> Society Inspectors have NO special legal powers whatsoever.

 

> They have NO special powers to arrest offenders.

 

> They have NO right to enter your home to inspect your animals or to demand that you answer any of their questions.

 

> They have NO right 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 officers request.

 

> They have NO power to stop, obstruct or otherwise detain any vehicle carrying animals.

 

> Societys staff issue criminal proceedings against alleged offenders by way of private prosecution.

 

> Members of the Inspectorate wear uniforms which make them as much like police officers as the law will allow. They are not. The lowest rank in the Inspectorate is Inspector (apart from Trainee Inspectors). Above that they have Chief Inspectors, Superintendent, and Chief Superintendent. None of these ranks are officers of the Crown, and have no legal significance whatsoever. They are designed to impress the public.

 

What to do if the RSPCA come calling.

 

You get a knock at the door; you open it. Its the R.S.P.C.A.

 

The officer may or may not be in uniform but, 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 cautioned using the words You do not have to say anything but it may harm your defence if you do not now mention something which you later rely on in court. Anything you do say may be given in evidence. All this means is that the R.S.P.C.A. officer can now 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 very important that you do not allow them entry into your premises.

 

> They have no rights to be on your property.

 

> They have no special legal powers.

 

> They cannot demand entry to look at your animals.

 

> They cannot demand that you answer questions.

 

You may feel that you are being helpful to let them in and have a look round and you may feel that you have nothing to hide but do not let yourself be lulled into a false sense of security. Many innocent animal keepers have lost their animals in this way.

 

If you allow them in you are opening yourself up to problems which could lead to you losing your animals even if you are a good and conscientious keeper.

 

Be firm, but polite, and do not let them into your house, or other premises. Say I have been advised not to answer any questions put by, or in the presence of, R.S.P.C.A. officials without a solicitor present. If you wish to question me I must insist that you arrange, and pay for, the police duty solicitor to be present. Ask them to leave saying Unless you have lawful authorisation to enter my premises I want you to leave now.

 

If they refuse to leave you are entitled to use reasonable 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 be back, perhaps with the police. Telephone one of the emergency helpline numbers (at the bottom of this post) and they will do their best to put you in touch with people who can help. They can also advise on how you should now proceed.

 

The basic advice would be that you need to photograph your animals and your enclosures, invite a trusted friend to look over your stock and conditions or, preferably, get someone whose testimony would carry more weight to look over your animals/pets. It would certainly be a good idea to have a specialist vet check and write you a report. The helpline can put you in touch with expert witnesses and veterinarians and they can also seek legal advice on your behalf.

 

What do you do if the police attend your premises with the R.S.P.C.A.?

 

Ask Do you have a search warrant, or other lawful authority, to enter my premises? Insist on a yes or no answer.

 

If the answer is no they have no right to demand access dont let them in and proceed as you would if the R.S.P.C.A. are attending on 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. may say to you, do not be tempted to let them in without proper authority.

 

No legal seizure of your animals can take place unless 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 your behalf.

 

If they do have a search warrant ask May I see and read the search warrant? Ensure that you read the warrant before they try to enter unless they state it is urgent. It is very important that you dont 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 and insist that any others leave.

 

Ask for a witness to be allowed in. Get a friend to come over as soon as possible. Call the emergency helpline as soon as you are able and they will try to locate an expert witness in your area to attend. They can also get legal advice for you. The sooner they know you have a problem the sooner they can start acting on your behalf. Once your animals have been seized it can be quite difficult to get them back and they (the helpline) 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.

 

Dont be bullied, be firm but polite at all times. If you feel the situation is getting out of hand, or you want advice, call the helpline.

 

With reference to your property (whether it is 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 the helpline 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 (and last but 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.

 

The emergency helpline numbers are 023 8044 0999 or 1470 0870 072 6689

 

rspca/sspca...lack of rights

Edited September 18, 2013 by gravedigger

[gravedigger 87]

The above post was originally posted in the lurcher section by tiercel so tjanks to him for the info...ive just reposted it because i think all lads with working animals should know exactly where they stand with this lot as regards to there (lack of) powers...atb..gravedigger

[STRANGER 948]

The SSPCA do have statutory rights, they are not the same as RSPCA.

Hence if they are at your door and you have been naughty...you are f****d.

[GAMEDOG 106]

NA

Edited January 28, 2022 by GAMEDOG
NA

[paulus 26]

Good post, who runs the emergency helpline pls?

ring and ask

[gravedigger 87]

So how do sspca powers differ from rspca stranger..?? Thought they would have been the same given that there both charities!!..just incase they turn up at my door lol.....atb..gravedigger

[GAMEDOG 106]

FFS, Grow-up man, I am starting to see why this site is nicknamed the 'Bitching Life' when the Mods are behaving like children. I asked a simple question exspecting a simple answer. Yes i could do like you said and phone the number but I thought it was bad manner's to phone an EMERGENCY number with a non-urgent call,for example:some fella's got the gavver's,rspca and a film-crew trying to enter his premise's,his Mr's tries phoneing the EMERGENCY number but it's engaged because someone else is blocking the line with the question-Who am I phoneing please??????? A simple question realy!

[paulus 26]

FFS, Grow-up man, I am starting to see why this site is nicknamed the 'Bitching Life' when the Mods are behaving like children. I asked a simple question exspecting a simple answer. Yes i could do like you said and phone the number but I thought it was bad manner's to phone an EMERGENCY number with a non-urgent call,for example:some fella's got the gavver's,rspca and a film-crew trying to enter his premise's,his Mr's tries phoneing the EMERGENCY number but it's engaged because someone else is blocking the line with the question-Who am I phoneing please??????? A simple question realy!

if you don't like it don't log on. it really is that simple, no need to worry about blocking up the number by calling there is two numbers

[GAMEDOG 106]

That's all I was asking for,thank you.

[THE GENERAL 1,982]

This has been posted on numerous occasions frequently across most working dog sections on this site!!! So why feel the need to PIN it when there has been more serious issues addressed beforehand in all working dog forums that have not been PINNED? Brown nostrils springs to mind! Group Hug Gaylord Life.

[whippet 99 2,613]

I would pinn that advice,....and legislation.......

[gravedigger 87]

This has been posted on numerous occasions frequently across most working dog sections on this site!!! So why feel the need to PIN it when there has been more serious issues addressed beforehand in all working dog forums that have not been PINNED? Brown nostrils springs to mind! Group Hug Gaylord Life.

well there are believe it or not some folk on this forum who are only just getting into working with a dog,ferret,hawk etc and its important they know there rights !!!!!! Not everyone been in it 20+ years an know the game an current leglislation inside out...atb gravedigger

[tatsblisters 9,481]

I would treat them the same as jehova wittnesses and just tell them politly to feck off.

[ChrisJones 7,975]

No warrant. No worries.

[THE GENERAL 1,982]

 

This has been posted on numerous occasions frequently across most working dog sections on this site!!! So why feel the need to PIN it when there has been more serious issues addressed beforehand in all working dog forums that have not been PINNED? Brown nostrils springs to mind! Group Hug Gaylord Life.

well there are believe it or not some folk on this forum who are only just getting into working with a dog,ferret,hawk etc and its important they know there rights !!!!!! Not everyone been in it 20+ years an know the game an current leglislation inside out...atb gravedigger

That's correct grave digger, and if such people need advice to where they stand there is a search facility that will bring up all the info anyone needs to know about there rights as a dog owner etc. a lorry load off info like you have just read. I'm not knocking every doggie man from knowing his/her rights! It's just pathetic the way mods on here pin material that they think is relevant to themselves or a close friend that has asked them to do so. Yet there has been threads trying to support hunting with dogs in certain areas that it is still legal and they don't seem to care because it doesn't effect them. Edited September 22, 2013 by THE GENERAL