Author Topic: RSPCA's powers of prosecution  (Read 2391 times)

Hope

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RSPCA's powers of prosecution
« on: September 22, 2015, 10:07:03 AM »
As you may be aware, the RSPCA in England and Wales not only has powers of investigation, it has powers of prosecution as well.  This is not the case for its Scottish or Northern Irish equivalents.

A group of MPs. the Environment, Food and Rural Affairs Select Committee, plan to look into the way in which the RSPCA and other animal welfare organisations work, and especially this two-pronged right to investiage AND prosecute.

http://www.bbc.co.uk/news/uk-34314004

What do folk think?  Perhaps those north of the border can explain a little more about how things work for them.
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Rhiannon

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Re: RSPCA's powers of prosecution
« Reply #1 on: September 22, 2015, 10:23:46 AM »
The RSPCA has the same 'powers' to prosecute that you and I do - it can bring about a private prosecution provided it has the money.

Hope

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Re: RSPCA's powers of prosecution
« Reply #2 on: September 22, 2015, 05:48:40 PM »
The RSPCA has the same 'powers' to prosecute that you and I do - it can bring about a private prosecution provided it has the money.
But do you and I have the power of investigation as well?
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Rhiannon

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Re: RSPCA's powers of prosecution
« Reply #3 on: September 22, 2015, 05:53:39 PM »
Yes, it is the conflict of interest that matters.

https://katharinequarmby.wordpress.com/2013/01/28/why-the-rspca-should-stop-its-private-prosecutions/

Personally I think the SSPCA has it right and I look forward to the changes implemented here. In the meantime I support my local RSPCA rescue centre which, for reasons I can't fathom, gets no RSPCA funding and relies entirely on direct donations.

floo

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Re: RSPCA's powers of prosecution
« Reply #4 on: September 22, 2015, 06:37:04 PM »
As you may be aware, the RSPCA in England and Wales not only has powers of investigation, it has powers of prosecution as well.  This is not the case for its Scottish or Northern Irish equivalents.

A group of MPs. the Environment, Food and Rural Affairs Select Committee, plan to look into the way in which the RSPCA and other animal welfare organisations work, and especially this two-pronged right to investiage AND prosecute.

http://www.bbc.co.uk/news/uk-34314004

What do folk think?  Perhaps those north of the border can explain a little more about how things work for them.

I think prosecution, if required, should be down to the police, certainly NOT the RSPCA! The NSPCC doesn't have this power, I don't think?   

Rhiannon

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Re: RSPCA's powers of prosecution
« Reply #5 on: September 22, 2015, 06:49:37 PM »
It's not a power as such, Floo. It has the right, as we all do, to bring private prosecutions, and it is well-funded to do this. But it also conducts the investigations and gathers the evidence, in circumstances very different from police investigations that are carried out under caution, recorded and with the right to a lawyer, and with the decision to prosecute resting with the CPS. Indeed, when the new animal welfare act came in (much needed it was too) it was made clear by ministers that it was expected that the RSPCA would bring in most prosecutions. Now, I'm not sure because a lot of the criticism has been in right of centre media, but there are stories of innocent people facing prosecution who don't deserve it, and critics being hounded via social media, including journalists.

floo

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Re: RSPCA's powers of prosecution
« Reply #6 on: September 23, 2015, 08:36:40 AM »
If that article is correct it would appear the RSPCA has power that goes beyond an individual private prosecution.

Rhiannon

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Re: RSPCA's powers of prosecution
« Reply #7 on: September 23, 2015, 08:51:10 AM »
http://www.rspca.org.uk/whatwedo/prosecution

It's the power to investigate that makes the difference.

The new animal welfare act was very much needed. To give an example, before the Act if a dog was kept shut out in a yard all day with no walks and no attention but given food and some kind of shed to sleep in nothing could be done. Now, it can. And this is a good thing. The problem seems to be inadequate training coupled with an overzealous desire to prosecute. I'm wary of believing everything I've read but if the story of the family with the cat who was thin and old is accurate then that is concerning; we had a cat who was very much loved and cared-for who ended up like that, but on vetinary advice we kept her with us until she stopped eating as the vet said it isn't unusual for elderly cats to get extremely thin but not be in pain, even when carrying a tumour.

The easy answer is for the RSPCA to provide the evidence to the police who will then be able to pass on properly-gathered information to the CPS. It will cost more, but it would be more transparent.

Anchorman

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Re: RSPCA's powers of prosecution
« Reply #8 on: September 23, 2015, 10:13:00 AM »
As you may be aware, the RSPCA in England and Wales not only has powers of investigation, it has powers of prosecution as well.  This is not the case for its Scottish or Northern Irish equivalents.

A group of MPs. the Environment, Food and Rural Affairs Select Committee, plan to look into the way in which the RSPCA and other animal welfare organisations work, and especially this two-pronged right to investiage AND prosecute.

http://www.bbc.co.uk/news/uk-34314004

What do folk think?  Perhaps those north of the border can explain a little more about how things work for them.



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Relations between the RSPCA and the SSPCA are somewhat strained.
RSPCA advertising fails to stress that the money raised through donations only goes to England and Wales, even though they advertise throughout the so-called UK.
The SSPCA, since it is smaller, has less to spend on adverts, and has a lower profile than its' bigger neighbour - and suffers from Scots donating to RSPCA in the mistaken belief that they are helping the cause of animal welfare in Scotland, which they are not.
"for, as long as but a hundred of us remain alive, never will we on any conditions be brought under English rule. It is in truth not for glory, nor riches, nor honours that we are fighting, but for freedom - for that alone, which no honest man gives up but with life itself."

Rhiannon

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Re: RSPCA's powers of prosecution
« Reply #9 on: September 23, 2015, 10:49:01 AM »
Even from south of the border I've always been aware of the difference between the two. I'm surprised there are Scots who aren't.

However I've just gone to the RSPCA home page and donations page and both say that it helps animals in England and Wales. Lettering could be bigger, admittedly, but it's there.

Anchorman

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Re: RSPCA's powers of prosecution
« Reply #10 on: September 23, 2015, 11:11:41 AM »
The problem, Rhi, is with TV and MSM adverts.
Yes, there is a clause there stating that donations aid the RSPCA in England & Wales - but unless you have a magnifier, and, in the case of TV, read at the speed of light, you won't notice it.
"for, as long as but a hundred of us remain alive, never will we on any conditions be brought under English rule. It is in truth not for glory, nor riches, nor honours that we are fighting, but for freedom - for that alone, which no honest man gives up but with life itself."

Rhiannon

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Re: RSPCA's powers of prosecution
« Reply #11 on: September 23, 2015, 11:14:25 AM »
But don't most Scots know anyway? Like I said, I've always known - watching TV as a kid whenever the RSPCA came on Blue Peter or whatnot it was always said that a different organisation operates in Scotland.

Rhiannon

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Re: RSPCA's powers of prosecution
« Reply #12 on: September 23, 2015, 11:26:05 AM »