bexwarren24
Well-Known Member
This is the whole of Section 4 but I do not know if there are any subsequent amendments. The legislation only sets out what the intention is. It looks like its written to be a catch all to me so there is less cahnce for someon eto wriggle out of responsibility. I work a lot with waste legislation and although I do not know much about this particular legislation I don't think from this you could categorically say a YO was responsible for one of their clients horses DIY or full livery - it would depend on the facts of each case. These are the bare bones and usually case law has to be used to determine how they should be interpreted. Any Judge would look at all the facts including any government guidance on the issues to determine where any fault lay. It would not be in the interests of any prosecuting body to pursue a case against a yard owner or anyone else unless they have a very good case.
With a DIY yard in particular I think it would very much depend on the contract and the level of control the YO takes. If you saw a horse starving to death every day you visited the yard then you could have done something about it and by checking the yard you are taking some sort of responsibility. But if you rent out your fields and never visit them then I think it would be difficult to prove you had any responsibility for the animal or are "in charge of it"
Have any YO been prosecuted - if so what was the outcome?
I think you have sumed up what I have heard from my animal welfare solicitor friend but in proper legal terms.
He has succesfully defended YO's in welfare cases but the RSPCA will still try and prosecute you for it as the act is so ropey.
Am I also right in thinking that case law comes about from trials in county courts or higher? I am sure my friend said to me that alot of the problems with this act is that because the cases are heard in magistrates courts there is no real precedent to follow.
I think the long and short is that as a YO you could be liable but would have to go to a court room to arguee it out. I would also think that as someone who runs a yard you are classed as more of "a proffesional" then the average peprson.