13/03/2015
High Court Rules RSPCA Did Not Have Authority To Remove Dogs
The High Court has ruled that the RSPCA did not have the correct warrant after it seized 44 dogs from a house in Essex.
The charity entered a property in Lawford alongside Tendring District Council to investigate allegations of noise and smells.
They subsequently seized 44 dogs from the house, claiming that many of the dogs were emaciated and one had a facial tumour.
However, a judge later ruled the charity did not have the correct authority to take the animals and a related animal welfare prosecution collapsed.
According to reports, the presiding judge said: "It is incumbent on officers of the state, and those who assist them, to take care that the principle of legality that has protected us well over many centuries is observed."
It is understood the dogs are still currently being cared for by the RSPCA, with a decision to be made at another court hearing at the end of the month.
(MH/CD)
The charity entered a property in Lawford alongside Tendring District Council to investigate allegations of noise and smells.
They subsequently seized 44 dogs from the house, claiming that many of the dogs were emaciated and one had a facial tumour.
However, a judge later ruled the charity did not have the correct authority to take the animals and a related animal welfare prosecution collapsed.
According to reports, the presiding judge said: "It is incumbent on officers of the state, and those who assist them, to take care that the principle of legality that has protected us well over many centuries is observed."
It is understood the dogs are still currently being cared for by the RSPCA, with a decision to be made at another court hearing at the end of the month.
(MH/CD)
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