BEVA Approach to the Equine Welfare Case. No 2
I have been looking at this as there are quite a few ways that have  been discussed in this paper. We have the phrase of “Assess an animals  immediate veterinary needs”.
The evidence:- What happened, what  was found,what was said, what was done. 2. 'Sufficient failings to  establish a realistic prospect of a conviction'.
The Veterinary Surgeon. Is an expert in the field.
Whether the animal(s) was caused to suffer or the needs were not met, to extent required for good practice.
You may find yourself as a Profession Witness of Fact
as a Expert Witness or both. It is responsibility of the V.S. is  critical as any legal action will rely upon veterinary evidence.
{Interestingly}to make the clinical assessment providing recommendation  regarding potential euthanasia, seizure,and future treatment. This is  what the case will be bases on, but the RSPCA seem to think that they  have the scope to misinterpret as a wholesale seizure of every animal on  the place. Whether suffering or not, as the mass exodus of animals,  miles away from home and not a care for splitting up family unit. {We  are aware that animals suffer from mental stress, but the people who  orchestrate this, hold a total disregard of the animals metal  complicity, and to just transport them all over the country, in the dead  of night when on arrival it's a strange place, strange smells, and  surroundings, having sweated up from exhaustion and fear.}
Most  animals welfare prosecution are started by the RSPCA or a local  authority. Police insolvent may be necessary for initial entry and  examination be called by inspectors? to assist in the collection of  evidence or witness statements. An V.S. must be able to give reasons of  opinion expressed, on seizure, euthanasia, or treatment.
RSPCA are not appointed for the legal purpose and for this reason both the RSPCA and Police will be present.
This will be very important to some people, but Clinical examination  may give a strong indication of a diagnoses, but failing to gather  evidence is open to question of criticism if diagnosis is not supported.  Sample should be duplicated and labelled and a the DUPLICATE sample  should be offered to the owner for their own testing, {but this does not  happen.} Such samples should be taken before treatment, food and                                                              water or, so as a  stress factor cannot enter the animal.
{The RSPCA does not do  this even though it is set out in the BEVA advisory paperwork on their  website.} Now within  AWA Schedule 2 contains these rules with other  stipulation in fact PACE 15 &16 Sections covering seizure of  paperwork, evidence and procedure, which has to be lawfully followed.
Care/Treatment
Like:- {The owner should be given the opportunity to call their own vet  to provide an opinion} and unless the welfare or the animal will be  further compromise as treatment can be temporarily, for this reason.
Then treatment can be given by owners vet, who can administer the needed treatment.
iv. Costs are usually met by the welfare charity.
v. Pending court proceeding, the horse remains the property of the original owner, who should be kept informed of the case.
If the animal is “signed over” to the welfare Charity this responsibility ceases.
Contemporaneous clinical notes must be maintained at all times.
Where further investigation is deemed necessary i.e.
X rays, Ultrasound, etc, full records and images must be maintained.
The statement and report should contain.
Your instruction and qualifications.
Full description of animal or animals.
Details of initial examination/obs.
Detailed clinical findings..Treatment
Details of any lab analysis/reports.
Final diagnosis and why the animal was suffering.
Period of time if known.
Case  progress should be updated with documents.
THESE ARE MY FINDINGS:- the BEVA state that the Police Officer should  sign the bottom of the S18 Seizure Form {No legal space to do this as,  there is no allotted place for it to be signed.
This seems to be directing away from any lawful seizure under PACE making the non seizure as theft.
The BEVA are encouraging a change of the lawful action to suit the RSPCA.
Did anyone give you samples of  bloods ?? it is within the laws of AWA 2006 Schedule 2.
So I refer to a case where the owners were arrested on a Sec AWA 23 (1)  in fact, this is just 1 of three laws that can be used to apply for a  warrant.
If you had Horses/Dogs seized and were not given bloods  the Vet that used these 18.5 forms. has broken the own federations laws.  Thus giving their evidence no credence.
This will have to be  argued in a court of law like the High Court to achieve a precedent.  Something I will have to do, but I need paperwork to prove.
What  has seemed to be missed is the RSPCA have let the Police seize the  animals for them, but the fact that no PACE seizure paperwork in not  provided, makes it unlawful and your legal representative should know  this.
Sadly they are unaware or ignore it, losing your case due to failures of the knowledge of the AWA 2006.
You will all remember the Wooler Report 2014, where he clearly stated  that the Police and INSPECTORS under the Act, have powers to seize an  animal. This must be an animal in Distress, it has to be suffering in a  state of Distress and (Long Feet is not a state of Distress)
When the Police seize the animals they remain the responsibility of the Seizing Police Force until the last day of the trial.
 So if it needs to be euthanised the Police must alter their records of  the seizure and with the owner must give permission, not some local  'Bobby' off the street that can give his permission, when they cannot  find its owner.
If the animals were seized by a particular Force,  they would need two .people to confirm that would the owner and the  person in charge of the Raid/Seizure should be an Inspector or the  seizing Police.
Then we have Castration without the owners and  the executing Police's permission in writing of course, it is Criminal  Damage. These animals are being held as evidence in a Court case, and if  an exhibits officer went into the lock up and altered the evidence,  he/she is contaminates it and this is an illegal offence.
Lastly  AWA 19.4 you seem to be arrested straight away as the RSPCA tell the  Police a crime has been committed...... But Under PACE /// you cannot be  arrested for Summery offense only an Indictable offense
SO how  does that work, who wrote up the AWA as it has to be exersized under  PACE. In Sec 8 application for a warrant it says “Once arrested for an  'Indictable Offense” you can carry on with your search. The RSPCA used  to use Sec 8, but chose to change to 15&16 as it seemed easier ??.
So who rewrote the PACE Act for the RSPCA ?, could it have been DEFRA  because it certainly needs to be addressed. As everyone has been  subjected to the misuse of lawful entry. Making the laws on the Warrant  incorrect and whether the warrant is wrong it is still challengeable in a  court of law, or indeed the High Court.
Every single case where  the Police assisted the RSPCA needs to be looked at. The Government has  to be challenged to this flagrant misuse of PACE to suit certain  individuals that are know to have lobbied M.P.'s
to grant their every wish.
My opinion of this all the solicitors who do challenge a warrant does so, on it being too wide, but missing the laws itself.