Logo

0207 842 1995 (24hours)
info@nicholls-nicholls.com
15 New Bridge Street, Blackfriars, London EC4V 6AU

  • Home
  • About
  • Our Services
    • Criminal Law
      • Police Station Representation
      • Magistrates Court Representation
      • Road Traffic Offences
      • Animal Welfare
      • Football Banning Orders
      • Serious Crime Offences
      • Fraud
      • Cash Seizure/ Restraint/ Confiscation
    • Business Crime Offences
      • Fraud
      • Trading Standards
      • BIS (Dept for Business, Innovation & Skills) Investigations
      • Confiscation & Restraint Orders
      • Money Laundering & Proceeds of Crime
      • HMRC Criminal Investigations
    • Regulatory and Professional Discipline
      • Fitness to Plead
      • Trading Standards Investigations
      • HSE (Health & Safety Executive) Investigations
      • Traffic Commissioner Hearings
    • Construction Dispute Resolution
    • Business In-House Legal Training
      • Police and Prosecutions
      • Financial Industry
      • Health and Safety Regulations
      • Trading Standards
  • Testimonials
  • Contact Us
  • For Clients
    • Document Management
  • Complaints

Animal Welfare

Animal welfare law can be a complete minefield for those unfamiliar with these types of situations.  Allegations in this area can sometimes lead to Magistrates court cases lasting in excess of a year.  This is normally due to the involvement of numerous experts and specialists.

The Animal Welfare Act 2006 and the Police and Criminal Evidence Act (PACE) 1984 allow the Police to remove animals from a property at an early stage.  This usually involves the animal or pet being placed in the care of the RSPCA even before any interviews have been held with the owners.  Nicholls & Nicholls offer advice and assistance in retrieving those pets and placing them back in your care.

The most frequent animal welfare prosecutions fall under Section 4 (unnecessary suffering), Section 9 (duty of person responsible) of the Animal Welfare Act 2006 and Section 1 (dog breed) of Dangerous Dogs Act 1991.

RSPCA Prosecutions

The RSPCA is the second largest prosecuting authority in the UK, after the Crown Prosecution Service.

The Animal Welfare Act is particularly unusual as, unlike most summary only offences (matters that can only be dealt with in the Magistrates court), charges can be brought up to three years after the commission of the offence, not the usual six months.

The RSPCA will usually attend at properties without notice and should be present with Police officers and a warrant to be able to search your home and land. Without accompanying Police officers and a warrant, you should not allow the RSPCA to enter as the charity has no lawful authority to be there. There are some circumstances where Police officers can enter your home or land without a warrant, although this is limited to instances when there is a real belief of current suffering to the animal or pet. Usually, a Veterinarian has produced what is known as a Section 20 certificate to allow entry to happen.

Cases of these nature require close attention to criminal procedure on a frequent basis. Nicholls and Nicholls have links with expert witnesses who are forerunners in the legal and veterinary field to assist in the presentation of your defence.

Offences contrary to the Animal Welfare Act can only be dealt with in the Magistrates Court and therefore carry a maximum of six months imprisonment. If convicted of an offence, the Prosecuting authority will almost always consider ancillary orders. These allow the Court to disqualify a person from keeping a specific type of animal, or all animals for any period of time, including indefinitely.  It must be necessary however for this to be put in place.  We have the expertise and knowledge to advise and provide representation in dealing with these issues.

Dangerous Dogs Prosecutions

Prosecutions under the Dangerous Dogs Act 1991, often relate to the appearance and breed of a dog. In the media, it is regular to see and hear of instances when dogs that look a certain type, are removed from their owners and possibly euthanised without having done anything wrong to a person or other animal.

This legislation is extremely controversial and badly implemented as it punishes dogs based on their breed or the number of characteristics they have that are linked to banned breeds.  There is absolutely no link to the behaviour of the dog which consequently can have devastating consequences on the pet and the owners.

Cases of this nature can be dealt with in the Magistrates or the Crown court and could be relating to dogs found on both public or private property.

Experts are always involved with these types of cases.  The Prosecuting authorities provide evidence in these expert reports stating that the particular dogs show enough of the relevant characteristics for him/her to be euthanised.  If this occurs, the Court orders a Destruction Order unless we can refute their reports and their evidence.

Nicholls & Nicholls understand that events under this legislation can be totally non fault and come with heavy burdens for the owners of these dogs. We have a strong network of the best experts available to assist with veterinary and behavioural assessments to demonstrate to the court that these dogs can be placed on orders that allow them to remain living and within their regular homes.

Local Authority Prosecutions

Local Councils and Local Authorities regularly prosecute individuals and businesses for allegedly breaching regulations for noise nuisance, environmental health issues, waste disposal, breeding regulations and so on.

Farmers, dog breeders, and those who normally have more than one animal at their property can find themselves being investigated for numerous types of offences like those above and therefore require assistance in liaising with these authorities and ensuring that these regulations are not in breach. Nicholls & Nicholls have several fee earners who have agricultural backgrounds and are aware of the difficulties that can occur in these environments. We can offer assistance and represent you and your animal’s best interests during interviews and proceedings with organisations.

Online Enquiry

* indicates required field
IMPORTANT NOTICE: The information you provide will be only used by us to administer your enquiry and any response. Use of this form does not create a solicitor-client relationship and information transmitted will not necessarily be treated as privileged or confidential. If you are a client, please get in touch with your usual firm contact directly for the most timely response.

Nicholls & Nicholls

Nicholls & Nicholls was founded to provide bespoke, expert advice and assistance to individuals and companies who are subject to police investigations, prosecutions and regulatory issues.

  • Facebook
  • LinkedIn
  • Twitter

Our Services

  • Business Crime Offences
  • Business In-House Legal Training
  • Construction Dispute Resolution
  • News and Articles
  • Criminal Law
  • Trading Standards
  • Health and Safety Regulations
  • Financial Industry
  • Regulatory and Professional Discipline

Contact Us

Registered name: Nicholls Legal Group Limited
Registered Address: 15 New Bridge Street, London, EC4V 6AU
Registered in England and Wales
Registered Number: 12297417

Privacy Policy | Copyright © 2022 · Authorised and regulated by the Solicitors Regulation Authority of England and Wales with registered number 665887
Created and hosted by LEAP · Log in

This site tracks visits anonymously using cookies. Close this dialogue to confirm you are happy with that or find out more in the Privacy Policy. Agree and close
Privacy & Cookies Policy

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may affect your browsing experience.
Necessary
Always Enabled

Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.

Non-necessary

Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. It is mandatory to procure user consent prior to running these cookies on your website.

SAVE & ACCEPT