Help - Incident tonight. Can police protect our horses?

[Silent Knight]

I am so mad!

A girl has had an accident, tonight falling from one of my horses at grass that she was riding without permission. I don't know this girl, she just climbed over the fence with her chavvy mates and decided to abuse my horses.

She seems ok but was taken to hospital as an ambulance was called.

My first thought is, can she sue me?, but anyway, I want her charged with something, surely this is animal abuse!

I have logged a complaint with the police and I want her charged with something. They said they can only pursue the complaint if the horses are injured and they can charge her for criminal damage, as horses are classed as property.

Do you know if I can do anything else?

 

[JinglebellJessi & MistletoeMagic]

Im unknowledgeable but maybe Trespass? Personally i'd be on the hunt for some parents or a sign hung on the fence with a breakdown of an expensive vet bill with the words 'do you want to pay? KEEP OUT'

 

[bonny]

Horrible thing to happen but I can't see what she could be charged with .....it's not really animal abuse if she just sat on one of them and I assume the horse is ok ?

 

[putasocinit]

Tresspassing, handling property with intent to steal. You dont know she wasnt triying to ride the horse away

 

[lurcherlu]

Trespass surely? Good luck and keep us all informed, this must be terrible for you

 

[bonny]

I don't think you can be charged with trespass......I doubt very much that she could be charged with anything.

 

[blood_magik]

the cheek of some people..
If you're a BHS gold member then I would phone them for advice just in case - you never know what some people will try.

I would like to think that she will at least be spoken to about her actions. Why do people think its okay to just hop on a random horse and go for a ride?

 

[skint1]

oh my God I would be livid. I hope she will recover of course but more than that I hope she has learned a lesson and won't do it again.

 

[dunkley]

No criminal offences, certainly nothing under the Theft Act whatsoever, and no cruelty to animals. Trespass is a civil matter, and the only person to be able to advise you properly on that would be a solicitor.

Sadly, it is not a police matter.
That won't make you feel any better, and I can understand you being fuming

 

[Pearlsasinger]

I would be furious as well but I'm afraid trespass isn't a crime, just very annoying. I think that the girl and her friends will have learned their lesson tonight.
I'm so pleased that the horse was uninjured.

 

[Polos Mum]

My OH is on duty tonight I'll text and ask him but I suspect others above are right, no law on trespass, no injury to 'property' (you horse). I'd go and talk to her parents, or see if your local bobby will have a word on your behalf.

 

[Highlands]

Blo**y cheek

 

[TandD]

She seems ok but was taken to hospital as an ambulance was called.
They said they can only pursue the complaint if the horses are injured and they can charge her for criminal damage, as horses are classed as property.

personally wouldnt have bothered with an ambulance......

are you sure your horse hasn't strained a muscle? pulled something...... if she was making it go round the field quite quickly you never know

 

[maree t]

I would be ordering some electric fencing with the charger kept in a locked container. I would be fuming aswell. Hope she has learnt her lesson and is not badly injured

 

[ladyt25]

Well, personally I hope the idiot is injured enough (ie a few broken bones minimum!) that it'll make her think twice before doing something so stupid again!

Sadly, I don't think you will be able to have her charged with anything unless your horse is injured (which of course it 'could' be as I am sure you could claim it was lame or something and scare them a wee bit with potential vets fees/criminal charges....!)

However, joking aside, please make sure you note everything down including conversations with police etc. Have you informed your insurance? Make sure you do and make sure they are clear of the circumstances. What worries me is in todays litigious society they could potentially put a claim forward for her injuries. Although, hopefully this would and should be laughed at and dismissed completely you just never know. Please ensure you have witnesses/statements etc as, if she is more permanently injured there will be some unscrupulous lawyer type who may well try push a claim!

 

[Elsiecat]

I'd be getting a vet to come out and check horse. I'd then send bill to her parents and ask them to pay, in event of them not advise them you'll take them to small claims court. Yes it isn't the parents fault, but this way they'd make her work for the vet bill or at least give her a good talking to about stupid actions having expensive consequences.
Might not be the correct way but in this situation I'd probably do what I said.

 

[bonny]

I'd be getting a vet to come out and check horse. I'd then send bill to her parents and ask them to pay, in event of them not advise them you'll take them to small claims court. Yes it isn't the parents fault, but this way they'd make her work for the vet bill or at least give her a good talking to about stupid actions having expensive consequences.
Might not be the correct way but in this situation I'd probably do what I said.

You can't make them pay and if they don't then you'd have to pay the bill yourself so that idea might backfire a bit !

 

[FfionWinnie]

What a ludicrous situation. I second the electric fencing with the energiser locked up so they can't get in without a shock. Mains would be handy if you could get power to the field.

 

[WelshD]

Hopefully she has learned her lesson, if there is nothing more from her on the subject then I would let it drop

If you go in all guns blazing you may make them decide to make you pay

I think if this was me I would consider a restraining order (if its possible) but would not take any immediate action and wait for their move (if its coming)

For now though I would lie low, you have reported it to the police and your next action need not be kneejerk, you may get a visit and an apology yet....

 

[its_noodles]

You need to TELL the Police to caution them under Section 5 of the Public Order Act 1986. In layman's terms, it deals with anything that causes harassment, alarm and distress. Go and check out Section 5 here:

http://www.legislation.gov.uk/ukpga/1986/64

This Act applies to both Public and Private places.

Just tell the Police the incident has caused you a GREAT DEAL of alarm and distress.

You need to push the Police to caution them. The caution will have to be done by a Police Superintendent. The caution means they don't have to go to court and it would be the end of the matter. An admission of guilt is required before a person can be invited to accept a Police caution. The caution will stay on their records.

Alternatively, the threat of being cautioned should deter them from doing it again...

 

[Elsiecat]

Is there any laws on humans worrying lifestock like there is regarding dogs?

 

[Silent Knight]

You need to TELL the Police to caution them under Section 5 of the Public Order Act 1986. In layman's terms, it deals with anything that causes harassment, alarm and distress. Go and check out Section 5 here:

http://www.legislation.gov.uk/ukpga/1986/64

This Act applies to both Public and Private places.

Just tell the Police the incident has caused you a GREAT DEAL of alarm and distress.

You need to push the Police to caution them. The caution will have to be done by a Police Superintendent. The caution means they don't have to go to court and it would be the end of the matter. An admission of guilt is required before a person can be invited to accept a Police caution. The caution will stay on their records.

Alternatively, the threat of being cautioned should deter them from doing it again...

That's the sort of thing I was thinking. I don't know which horse she was riding, but I suspect it was my little green, freshly backed section B. I won't know what psychological impact it has made on her until tomorrow. Another horse has lost a shoe in the running around the field that ensued with the drama.

I just find it hard to believe that people can come and do what they like to horses without any repercussions.

 

[bonny]

Do you know how old the girl is ?

 

[its_noodles]

I am so mad!

I have logged a complaint with the police and I want her charged with something. They said they can only pursue the complaint if the horses are injured and they can charge her for criminal damage, as horses are classed as property.

OK. I know where they are coming from but, in my opinion, your description of the incident fits a Section 5.

Also, were they drunk? If they were, it also falls within the remit of the Public Order Act 1986.

 

[Silent Knight]

Do you know how old the girl is ?

a 15 year

 

[its_noodles]

That's the sort of thing I was thinking. I don't know which horse she was riding, but I suspect it was my little green, freshly backed section B. I won't know what psychological impact it has made on her until tomorrow. Another horse has lost a shoe in the running around the field that ensued with the drama.

I just find it hard to believe that people can come and do what they like to horses without any repercussions.

Well, as far as I am concerned, losing a shoe implies criminal damage to your property (sorry, that's your poor horse in the eyes of the law). I would go back to the Police and ask them to press Criminal Damage charges. They would of course tell you to go away (because they have already enough to do), but you need to insist if you want things done. Just mention Section 1 of Criminal Damage Act 1971 and Section 5 of Public Order Act 1986.

The likely outcome is that the Police will have to talk to the offenders and say you want to press charges. As I said, the threat of being cautioned would probably enough to stop them doing it again.

Last but not the least, tell them to pay for the new shoes...

 

[quirky]

In what way did they abuse your horse?

It's outrageous that she has ridden one but if they have been abused aswell, maybe the police can do something about that?

 

[Silent Knight]

Thanks Noodles. I'll speak to them tomorrow. It was getting dark when we arrived at the field, so I'll do a full inventory of damage in the morning.

I'll update with the results as they do or do not press charges.

 

[Polos Mum]

OH was apparently working last night! Criminal damage is your best bet especially having a shoe pulled off, but he said you'll struggle to get them to present the case to the CPS (police don't make charging decisions sadly)

Crazy isn't it - I'm sure if I poped into Carl Hesters yard and took one of his for a spin they'd think of some laws to throw at me!!

 

[Toby_Zaphod]

The police have advised you perfectly correctly, if there is any injury to your horse there is a possible offence of Criminal Damage as horses are classed as property in law.

I doubt if riding the horse could be classed as 'animal abuse' in law & I don't think that that offence actually exists. Animal cruelty exists but it's unlikely you could prove that.

The only option I can see is Trespass & that is a civil offence. You would have to pursue that option yourself. The police can supply you with name & address of the person/s involved

A solicitor told me many years ago 'Never sue on a point of principal, it will cost you a fortune' & 'Don't bother sueing someone who hasn't got any money as again it will cost you a fortune for no real gain' This person has come off your horse, injured themselves, had hospital treatment & hopefully will have learned a lesson.