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Jo C.
Jo C., Barrister
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Experience:  Over 5 years in practice
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can u give me a scenario and some examples of veterinary criminal

Resolved Question:

can u give me a scenario and some examples of veterinary criminal law. i understand veterinary civil law but need more understanding about veterinary criminal law
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

-Could you explain your situation a little more?

Customer: replied 3 years ago.


i am doing an assignment and i have been asked to evaluate the differences between criminal and civil law and their roles in a veterinary practice.i am being asked to write two examples that may arise in a veterinary practice and state whether criminal or civil law would be appropriate for the scenario. i have researched and found info on civil law in a veterinary practice which is things like malpractice and negligence and i have written a scenario for civil law, but it is veterinary criminal law i am stuck on.

Expert:  Jo C. replied 3 years ago.
You mean the way in which vets may offend against the criminal law?
Customer: replied 3 years ago.


yes i think that is what i am trying to say, for civil law i have written malpractice, for example misdiagnosing a dogs illness or injury incompetently and negligence, failing to turn over a dogs body to a funeral organisation for example, but it is criminal veterinary law i need info on. yes to how vets criminally break/offend the law,

Expert:  Jo C. replied 3 years ago.
Well, there could be lots of ways.

The obvious examples are things like tail docking which is now prohibited here

http://www.legislation.gov.uk/ukpga/2006/45/section/6

or mutilation here

http://www.legislation.gov.uk/ukpga/2006/45/section/5

would apply to things like ear cropping

Or, of course, just S4 or S9 offences of causing unnecessary suffering or failing to deliver proper care.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.


yes those type of things i have stubbled upon during research but ur answer has clarified what i am looking for thank u, i will research tail docking, ear cropping and mutilation . would this also include things like a vet euthanising an animal without consent of a known owner ? A vet stealing prescribed drugs from the medicines cabinet? A vet going onto a property and taking an animal without consent? i am trying to think of a great scenario.

Expert:  Jo C. replied 3 years ago.
No. Euthanisia is not a criminal offence as long as its humane. Obviously the owner may have a civil claim although actually I think the Royal College of Surgeons current guidance is that as long as its in the interests of the animal there is no requirement for consent of the owner. Some owners would keep their animals alive on life support machines!

Vets can commit theft like anybody else and I suppose fraud and false accounting in over charging or charging for work not done but you are probably being asked to consider the animal welfare act.
Customer: replied 3 years ago.


so scenario wise, if a veterinary surgeon say hit a dog for continuous barking, it is a criminal offence as this is unnecessary harm? and if a person wanted their dog to have its tail docked and the vet performed the surgery it would be a criminal offence ? am i on the right track?

Expert:  Jo C. replied 3 years ago.
1 Yes. Continuous barking isn't a good reason to strike a dog. If it were attacking another dog then that may be.

2 It depends. You are allowed to tail dock in certain circumstances but you need to be satisfied that they apply and people will lie to you to get you to do it - and, indeed, forge your certificates but that is obviously beyond your control.
Customer: replied 3 years ago.

thank u, i think if i research on what u have mentioned i will be ok now. u have helped very much and i understand a bit more now. i will recommend u. have a lovely easter x


 

Expert:  Jo C. replied 3 years ago.
No problem and all the best.

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