SUPPLEMENTARY SUBMISSION FROM THE SCOTTISH SPCA Inspectors under the Animal Health and Welfare (Scotland) Bill Introduction The Animal Health and Welfare (Scotland) Bill sets out to consolidate and modernise existing animal welfare legislation. In doing this, it clarifies and codifies a number of functions relating to enforcement. Section 46 of the Bill defines Inspectors as those appointed or authorised by Scottish Ministers ; The Policy memorandum of the Bill states that: The Scottish SPCA will continue to carry out inspections and it is intended that individual inspectors will be authorised by the Scottish Ministers for certain purposes, such as to take possession of animals which are suffering or are in danger of suffering ; The purpose of this briefing is to explain the functions of Scottish SPCA Inspectors under current legislation, and to examine why it is necessary for Society Inspectors to be authorised under Section 46 of the Animal Health and Welfare Bill. Key Points The Scottish SPCA currently acts a reporting agency to the Procurators Fiscal, reporting cases of cruelty and neglect arising from investigations into animals in distress; Unlike its counterpart in England and Wales, the Scottish SPCA cannot actually proceed with prosecutions in relation to animal cruelty and neglect as a private prosecutor; Instead, all cases and investigations are reported to the Crown Office and Procurator Fiscal Service for proceeding; The Animal Health and Welfare Bill clarifies and codifies powers relating to animals in distress; In order to continue to provide an unmatched service in relation to both domestic and agricultural animal welfare, the Scottish SPCA requires authorisation from Scottish Ministers for the purposes of Sections 29-32 of the Bill (relating to animals in distress); The Scottish SPCA s rigorous Inspectorate training programme will enable Inspectors to bring significant expertise to enforcement of the Animal Health and Welfare (Scotland) Bill ; The Scottish SPCA derives its accountability in investigating offences from the Crown Office, which is the ultimate arbiter of proceedings under the relevant legislation. The Status of Scottish SPCA Inspectors Scottish SPCA Inspectors carry out inspections and investigations into breaches of animal welfare legislation and the Inspectorate is recognised as a specialist reporting agency to the Procurator Fiscal. The Society s 49 full-time and 10 auxiliary Inspectors assist the police and other agencies, such as the State Veterinary Service and local authority health officers, with rescues and animal welfare investigations, and are regularly cited as witnesses in resulting court cases.
Scottish SPCA Inspectors before 1975 The Protection of Animals (Scotland) Act 1912 gave powers of enforcement for the purposes of that Act to any constable within the meaning of the Police (Scotland) Act, 1890, and any justice of the peace constable, or sheriff officer. Up to 1975, Scottish SPCA Inspectors were sworn in, on completion of their training, as justice of the peace constables officers whose function derived from their appointment to the justice of the peace courts, but was not confined to that remit. The District Courts (Scotland) Act 1975 abolished justice of the peace courts, and the office of JP constable lapsed. No provision was made at this time to replace the function, so that Scottish SPCA Inspectors were no longer able to exercise the powers of the 1912 Act, except insofar as any other private citizen might. Scottish SPCA Inspectors since 1975 In practical terms, Scottish SPCA Inspectors continued to report cases to the Procurator Fiscal in much the same way as any private citizens potentially could. In the longer term, the Scottish SPCA has worked increasingly closely with the Crown Office and individual Procurators Fiscal, and has been accorded the status of recognised specialist reporting agency the only independent charity to enjoy this status. The Crown Office recognises and approves Scottish SPCA Inspector training. In 2002, the Scottish SPCA was made a part of the Integration of Scottish Criminal Justice Information Systems (ISCJIS) programme, so that reports of alleged offences can be electronically reported to the Procurator Fiscal service and to align such reporting to the Scottish Criminal Records Office (SCRO). Through its status as a recognised specialist reporting agency, the actions of the Scottish SPCA are accountable to the courts and, ultimately, to the Crown Office. In 2003, an answer to a parliamentary question by Annabel Goldie MSP showed that Scottish SPCA involvement in cases that resulted in prosecution for neglect or cruelty to animals exceeded that of SEERAD and Local Authority witnesses put together. In 2004, Scottish SPCA Inspectors reported 30 cases to Procurators Fiscal, and 34 cases reached the Sheriff Court, resulting in 32 convictions. 67 cases were pending in January 2005. Between January and December 2005 the Society reported 109 cases to the Procurators Fiscal and 15 joint police cases. The Society s high rate of success in court cases demonstrates clearly the rigour of its procedures, the standard of evidence it produces, and the expertise of its Inspectors both in theoretical animal welfare law and its practical application. Animals in Distress current practice Scottish SPCA investigations into animals in distress are usually prompted by a telephone call to one of the Society s three call centres across Scotland, by a concerned member of the public concerned about an animal. In 2004 the control centres received a total of 96,697 telephone calls from the public. Usually the Inspector can deal with a situation by giving advice to the animal owner. In 2004 advice was given in 3667 instances. Inspectors may also deal with a situation by
a) careful monitoring (revisiting the owner to ensure that any advice is being taken); or b) persuading the owner to relinquish care of the animal to the Scottish SPCA. However, in a situation that clearly cannot be resolved through advice or monitoring, the Scottish SPCA sometimes has to take the animal into its care in order to bring proceedings against an individual. The Society only uses the courts in this way as a last resort in the most serious of cases. In doing this, the Scottish SPCA Inspector has three options for removing the animal: i) to obtain the owner s consent for removal; ii) to insist to an owner that the animal is taken for veterinary treatment, which if refused would require the Inspector to ask the police for assistance; iii) when an owner cannot be traced, to remove the animal in the interests of its own welfare, and to deal with the formalities later. This is often the only way to care for an animal that has been abandoned and is suffering or likely to suffer. Option i) is the most common way of an Inspector removing an animal. Individuals that neglect or ill-treat their animals are usually happy to be relieved of them. In reality the three options described above serve the Inspectorate well in carrying out their duties to prevent cruelty to animals. There is obviously a clear link between the ability to remove animals in distress, and the ability to bring about proceedings against an individual who may be in breach of animal welfare legislation, and the Scottish SPCA has thus far been able to take advantage of the options discussed above in lodging cases with the Procurators Fiscal under the 1912 Act. Consent is rarely refused for Inspectors to remove animals, but where it is, Scottish SPCA Inspectors can rely on the other options when defending their actions in court. When an animal has not been signed over to the Scottish SPCA, it may be held under the authority of the Procurator Fiscal pending a court case. The animal then remains in the care of the Society until the courts make a disposal regarding the animal. Scottish SPCA Inspectors are also able, under the Criminal Procedure (Scotland) Act 1995, to apply to a Procurator Fiscal for a warrant to enter premises in conjunction with the police. This allows them to act quickly in an emergency and avoids a delay which may have serious consequences. This also relieves the police of the warrant application procedure, which they may have difficulty finding the time for. The Society has a long history of exercising these options in a responsible and effective manner. In 2004, Society inspectors pursued nearly 8,000 investigations into the welfare of companion, farm and wild animals. Animals in Distress under the Animal Health and Welfare Bill Sections 29-32 Sections 29-32 of the Animal Health and Welfare Bill relate to the powers of authorised persons when dealing with animals in distress. They provide specific powers to: Relieve an animal s suffering; Take possession of an animal that is suffering or is likely to suffer on veterinary advice;
Take possession of a suffering animal in an emergency, without veterinary advice if necessary; Arrange for the care of an animal, either in situ or in a place of safety (such as an animal welfare centre); Identify animals for the purposes of evidence gathering; These sections therefore provide enforcement bodies with the necessary powers to enforce the provisions of the Bill, and to give animals the extra protection that the Bill offers. Why Scottish SPCA Inspectors need authorisation for Sections 29-32 It is essential that the Scottish SPCA have use of these powers under Sections 29-32 in order to carry out the functions outlined above to relieve animals from suffering on a daily basis. Due to Scotland s system of public prosecutions, unlike its counterpart in England and Wales the Scottish SPCA does not and cannot carry out private prosecutions. Like all prosecutions in Scotland, all prosecutions under the 1912 Act are pursued by the Procurator Fiscal, to whom the Scottish SPCA reports cases and not the Scottish SPCA itself. This will remain the case under the new Bill. Without recognition under the new Bill, Scottish SPCA Inspectors would not have the same authority to report cases to the Procurators Fiscal as they do now. If the express powers under Sections 29-32 were to be given to local authorities and to the police, and not to the Scottish SPCA, a defence solicitor may well challenge Scottish SPCA evidence based on the manner in which the evidence was collected. This would be undesirable and damaging for animal welfare, for the prosecution of malefactors, and for the standing of the Scottish SPCA. The Scottish SPCA therefore believes that its continued function, complementing the statutory agencies, but with equal authorisation in matters relating to animals in distress is essential, and this would be achieved by Scottish Ministers authorising individual Scottish SPCA Inspectors to act as inspectors under the Bill for Sections 29-32. Expertise and Accountability T raining and joint working Scottish SPCA Inspectors provide the necessary expertise to ensure that the Bill achieves its goals of improving legislative protection for all kept animals across Scotland. Scottish SPCA Probationary Inspectors currently undergo a rigorous five-month training process to enable them to deal with the wide range of situations that they will encounter during their time as Inspectors. Ongoing training that all Inspectors are fully knowledgeable on current and forthcoming legislation relating to animal welfare. Scottish SPCA Inspectors are trained in the care of a vast range of animals. Certain Inspectors and Animal Welfare Staff have undergone specialist training in the handling and care of exotic animals and reptiles. All new Inspectors are recruited from a background in animal husbandry, with an emphasis on livestock. Scottish SPCA training standards are Crown Office approved. Society Inspectors have actively trained both police and Procurators Fiscal on aspects of animal welfare legislation.
The Society has a working protocol with the Association of Chief Police Officers for Scotland (ACPOS), which encourages joint training and working initiatives. Similar memorandums of understanding are in their final stages between the Scottish SPCA and COSLA, and the Scottish SPCA and the State Veterinary Service. Both emphasise the importance of shared training. Accountability The Scottish SPCA acknowledges that it is an unusual step to give statutory authority to individuals of a non-statutory body. However, the Society considers that because any proceedings taken forward under the new Bill will be taken forward by the Crown Office - a department of the Scottish Executive the necessary accountability will lie with that body, as is currently the case. The Scottish SPCA s role in investigations and inspections stops once a report is submitted to the Procurator Fiscal, and, as such, the Society undertakes no prosecutions itself. Conclusion The Scottish SPCA welcomes the Scottish Executive s intention to allow individual Inspectors to be authorised as inspectors for Sections 29-32 of the Animal Health and Welfare Bill. This is necessary both for the continued work of the Scottish SPCA, and for the implementation of the long awaited Bill.