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Police Law - Ninth Edition

Chapter 22 - Animals, Birds and Plants

Chapter 22 - Animals, Birds and Plants

Diseases of Animals p 666

Where foot-and-mouth disease is suspected to exist susceptible animals must be slaughtered (although the Secretary of State may decide not to slaughter zoo animals; animals kept in a wildlife park or other premises for display and education of the public; animals in an enclosed area principally used for shooting; or animals in an approved conservation area or premises, for display, education or scientific purposes). [SI 2005/3475]. In addition, the Secretary of State may authorise vaccination under licence. He may make declarations in respect of 'vaccination zones' and 'vaccination surveillance zones'. Movement of vaccinated animals, which will be identified by eartags, is controlled and 'cattle passports' may be required, Local authorities are required to erect signs indicating such zones. Authorised measures will enable the creation of 'buffer zones' in any outbreak of foot and mouth disease. [SI 2006/183]

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Duties and powers of a constable p 667

SOCPA 2005 provides that, for the purposes of exercising any power to seize an animal or cause an animal to be seized, and where that power is conferred by order and expressed to be made for the purpose of preventing the introduction of rabies into Great Britain, a constable may enter, if need be by force, and search any vessel, boat, aircraft or vehicle of any other description on which there is, or he with reasonable cause suspects that there is, an animal to which the power applies. The Animal Health Act 1981, s 61 (power of arrest) and 62(1) (which provided a power of entry for the purpose of effecting such an arrest) are repealed.

The Hunting Act 2004 came into force when page proofs had been prepared for the current edition and it was, in consequence, impossible to include more than a brief reference within the text without affecting pagination. The following text replaces that which now exists.

Hunting

The Hunting Act 2004, s 1 makes it an offence for a person to hunt a wild animal with a dog, unless such hunting is exempt. Exemptions are listed in Sch 1 and include stalking and flushing out a wild mammal if carried out in accordance with prescribed conditions. Where such acts are undertaken, for example, to prevent or reduce serious damage which such a mammal would otherwise cause to livestock, game birds, food for livestock, crops, growing timber, fisheries or other property, or the biological diversity of an area, obtaining meat for human or animal consumption or participation in a field trial (flushing out or retrieving shot animals), they are exempted. Such stalking or flushing out must take place on land which belongs to the person carrying out the activity, or in respect of which possession has been granted by the occupier or land owner. Not more than two dogs may be used for the purpose of stalking or flushing out. Reasonable steps must have been taken to ensure that the animal concerned is shot dead by a competent person and the dogs are kept under control.

Dogs used for stalking or flushing out may be used below ground for the purpose of protecting game birds or wild birds which a person is keeping or preserving for the purpose of shooting. Only one dog may be used below ground at any one time. Participants in such activities must carry written evidence of ownership of the land or of consent to so act which is provided by the occupier or owner of the land. Reasonable steps must be taken to prevent injury to any dog used for such a purpose.

As the term 'wild mammal' embraces vermin, exemptions are provided in respect of rats and rabbits. HA 2004, s 3, provides that a person commits an offence if he knowingly permits land which belongs to him to be entered or used in the course of the commission of an offence against s 1. It also provides that a person commits an offence if he knowingly permits a dog which belongs to him to be used in the course of the commission of such an offence. It is a defence for a person charged with an offence of hunting contrary to s 1 to show that he reasonably believed that the hunting was exempt.

A person commits an offence against the HA 2004, s 5 if he participates in a hare coursing event; attends, knowingly facilitates, or permits land which belongs to him to be used for such an event. Offences are committed by those who enter dogs, permit dogs to be entered, or who control or handle a dog within such an event.

By s 8, a constable who reasonably suspects that a person is committing or has committed any of the offences set out above, may search a person, vehicle animal or other thing upon whom he reasonably believes evidence of the offence is likely to be found. He may seize and detain such a vehicle, animal or other thing if he reasonably believes that it may be used in evidence. A constable may enter land, premises (other than a dwelling) or a vehicle for the purpose of exercising his powers.

For the purposes of the Act, a dog belongs to a person if he owns it, is in charge of it, or has control of it.

The power to arrest which was originally contained in the Act is now repealed.

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Stray dogs, p 674

The DA 1906 s 3 and s 4 are prospectively repealed by the Clean Neighbourhoods and Environment Act 2005, s 55 and this will relieve police officers of any responsibility for stray dogs. [Not yet in force]

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Dogs fouling land p 677

The Dogs (Fouling of Land) Act 1996 is repealed by the Clean Neighbouhoods and Environment Act 2005, s 65. Power is given to local authorities to make orders in this and other respects. These powers include -

General controls related to dogs
Dog control orders

The Clean Neighbouhoods and Environment Act 2005, Part 6 provides local authorities with powers to make orders in relation to the control of dogs in the following matters -

1. fouling of land by dogs and the removal of dog faeces;
2. the exclusion of dogs from land;
3. the number of dogs which a person may take on to any land.

The offences which are provided for in a dog control order will be prescribed by regulations. Such regulations may specify wording, limit times during which an offence may be committed, and deal with failures to comply with directions of specified persons. Land may be designated by statutory instrument, as land to which these provisions do not apply.

Orders made may apply to any land in the open air to which the public are entitled or permitted to have access, with or without payment. Land which is open to the air on one side is land open to the air.

CNAEA 2005, s 59 makes provision for offences to be dealt with by an authorised officer of the local authority by way of a fixed penalty. The amount of the fixed penalty may be specified in the order. If it is not it is currently £75. An authorised officer is empowered to require a person to whom he intends to give a notice, to give his name and address. Failure to do so, or to the giving of a false or inaccurate name and address, is an offence.

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Wild birds
Killing, destroying, damaging or possessing p 681

Delete 'arrestable' at beginning of third paragraph (on p 682)

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Wild animals p 683

Delete - 'An offence under s 5 is an arrestable offence.'

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Wild plants p 683

Delete the word 'arrestable' at the beginning of the fourth paragraph.