Memorandum submitted by the Police Federation
of England and Wales
Animal cruelty is an issue that has been dealt
with by police officers for many years. For some time enforcement
of cruelty legislation, especially under the Protection of Animals
Act 1911, has been very problematical. Whilst the Wild Mammals
(Protection) Act 1996 sought to fill some of the gaps in certain
circumstances for wild animals enforcement in this area remained
very difficult. This legislation seeks to deal with all issues
of animal welfare and is a welcomed response to the problem.
A major problem with current legislation is
that it is necessary to prove an animal is suffering, or has suffered,
before action is taken. The Police Federation welcomes proposals
that mean that outside agencies and the police can take action
prior to suffering where evidence is available and measures to
ensure that animals can be removed from those circumstances where
necessary.
We believe that the power to enter a private
dwelling without warrant should be included where there is reasonable
suspicion that an animal is suffering. (see below).
The definition of animal to include all vertebrates
is a very sensible one. The power to incorporate specific invertebrates
also makes a good deal of sense.
| Section 1(7)(b) | should be amended to include at the very end of the section `...... or should reasonably have known that the drug or substance would be likely to be poisonous or injurious.'
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Section 2(2) | We welcome the inclusion of offences that relate to the recording of animal fights. There appears, however, to be nowhere in the legislation that would cover recording of other cruel acts. There has been a problem in dealing with videos of acts such as `hamster squashing' where prosecutions have been launched using obscene publications legislation. It would appear appropriate to ensure that this type of problem was incorporated into animal welfare legislation.
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Sections 6 to 8 | Very inclusive and well prepared. Section 8(1), however, needs to be more open on the issue of consultation.
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Sections 11 to 13 | Very encouraging and makes it far easier for a police constable to ensure sensible welfare provisions for an animal.
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Section 14 | The power to enter a private dwelling is insufficient where there is reason to believe there is suffering in this environment. Police officers are often called to private dwellings in these circumstances and there is a real danger that where so called and entry is denied, on request as required by the Bill before a search warrant is obtained, the animal could be caused further suffering in an attempt to dispose of it, as evidence, prior to a search warrant being obtained and executed.
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Conclusion | This appears to be very sound legislation that should go a very long way towards improving the current legislation available to protect animals. The legislation is clearly written and encompasses animal welfare in a way that has not been available before.
Under Section 35 it makes cruelty and fighting offences `Arrestable Offences' within the meaning of the Police and Criminal Evidence Act 1984. This is a very welcome inclusion and will assist in dealing with offenders.
The power of entry to a private dwelling only applies with a warrant that is subject to conditions. The power, in these circumstances, should be extended to include these premises where there are reasonable grounds to suspect an animal is suffering.
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26 August 2004
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