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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70524
Experience:  Over 5 years in practice
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To whom it may concern,I would like to know possible law

Resolved Question:

To whom it may concern, I would like to know possible law enforcement and prosecution of unnecessary suffering to `protected animal` (dog - personal pet, not dangerous at all small sized) of Animal act 2006. There is a case that an individual harms another persons dog an accidentally, however, police was involved and the person was held in the police station for 12 hours. It is not clear that the person is guilty or innocent but there are visual evidence (videos) when the individual is harming the dog. The individual needs to face an upcoming court in regards ***** ***** issue. There is veterinary reports that state the damage given to the animal. Therefore, I am curious of possible prosecution and outcomes of the court.

Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

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

What would you like to know about this please?
Customer: replied 3 years ago.

I would like to know the possible outcomes of the court. The person is my friend who is charged with unnecessary suffering to protected animal. During his stay over his girlfriend, the dog bites him and in response he starts hitting the dog. However, neighbours hear its barking and start recording the situation on their phones and call the police. When police arrives, he is taken to police station for 12 hours. In result, he needs to attend a court in few months. There is visual evidence of him hitting the dog (videos) and doctor report that posits the damage given to the dog. Basically, what should he expect in the court (charges, money fee, prison etc.)

Expert:  Jo C. replied 3 years ago.
Thanks.

I'm not sure what your question is?

The outcomes are the same as in any other case - either they will convict or they won't.

If they do convict then this is probably a S4 Animal Welfare matter so it would attract the higher sentences. There is no prospect of a fine. He is facing a low level community order. The court will have to consider making an order depriving him of the dog and disqualifying him from keeping animals and give reasons if it decides not to do so. Courts can do that sometimes but whether they will or not will depend on the circumstances, the severity of the offence and the level of suffering of this animal.

There will also be costs. If he is contesting the matter then costs will be substantial. I imagine this is an RSPCA prosecution not a CPS one so the costs would run into thousands. If its a CPS matter then probably about £300.

Can I clarify anything for you?

Jo
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