People riding your horses without permission - URGENT!

Toby_Zaphod

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If one of the horses has been injured then there could possibly be an offence of Criminal Damage, strange I know, but that it what the offence would be. As for the Police giving him a stern ticking off, they have to be careful when doing this because if the person has committed no criminal offence then what are they cautioning him for?

Don't get me wrong, I am in no way condoning what this person has done but it is very difficult for the police to do anything when there are no criminal offences disclosed.

In a case like this you either hope that the Police intervention will do something to stop this person however if it doesn't then private civil action may be the only course left to take. You may be able to obtain an injunction the keep the person away from you horses & off your property. This injunction needs to be granted with a power of arrest (not all injunctions are granted with this). Then if he persists the Police can get involved & arrest him for breaching the injunction & put him before the judge who granted the injunction. It's similar to contempt of court & judges don't like people who disregard their rulings.
 

WelshD

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Could you get a restraining order?

We had a chap steal thousands of pounds worth of stuff at one of my old jobs, he got a rap on the knuckles despite admitting it - I'm not sure that the police would really see your situation as one needing serious police time (regardless of what you or I think)
 

touchstone

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As above, also what would the implications be if scrote took horse out of field, lost control of horse and the horse hurt someone else other than scrote?
In this age of litigation and claim culture, out of interest, who would be liable?

Sadly I think it would be the horse owner that was liable. I once found a teenager sat on my mare in the field, who had an injured tendon at the time. I went ballistic with him and he had the cheek to say I was rude, his friend did apologise, but the potential damage could have been deadly for my mare. Looking in to it later, there were some sites that claimed I would have been liable if he'd injured himself while in my field without permission. Ridiculous isn't the word.
 

Happy Hunter

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What did the BHS comment i wonder?
If you know the twonk, can you go and sit on his car and say you thought it was just a bit of fun.
So angry for you!
Perhaps some 'If you fall off and end up in a wheelchair dont blame me' signs on the gate would be suitable?!

"Horse riding is not permitted on these grounds unless with permission of land owner and horse owner specified in a written contract. You climbing this gate is not only trespass, but hereby waives any legal right to compensation in the event of accident, illness or injury that may occur on these private grounds. The legal owners reserve the right to charge you for any damage or injury caused to these horses that may occur as a result of your trespass'

(Now twonk off you twonking twonker!)
 
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nix123

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Problem is there is no actual crime committed apart from maybe a very minor theft.

Actually there has been a crime committed.

If the said horse had been a car then the person who took the car and drove it would have "twoc" your car. Taken without consent. This is a criminal offence so if the police start to umm and arr about the situation (more likely their thinking of the paperwork involved) just remind them let it be car or horse they are modes of transport. When riding on the roads the horse is also known as road traffic. Good Luck.
 

Spring Feather

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Actually there has been a crime committed.

If the said horse had been a car then the person who took the car and drove it would have "twoc" your car. Taken without consent. This is a criminal offence so if the police start to umm and arr about the situation (more likely their thinking of the paperwork involved) just remind them let it be car or horse they are modes of transport. When riding on the roads the horse is also known as road traffic. Good Luck.
Really? Do you actually know for sure a crime has been committed or are you just guessing? A horse is not a car and is not dealt with in the same light I suspect. Did the horse actually leave the field and was being ridden on a public road?

OP I would also be miffed about this but I'm guessing that there is little the police will/can do except give a rap on the knuckles to said eejit.
 

YouOnlyLiveOnce

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So angry on your behalf OP - that a) someone does this and b) there is seemingly nothing that can be done about it.

Stupid thing is, if he fell off, he would probably have a case for injury, even though he should not be doing it!

The law seems bonkers at times!


This^^^
OP is this person known to you, or is it a random stranger?
Unfortunately with the judicial system the way it is in this country you're unlikely to get anywhere with the police.
If this were me I'd be taking matters into my own hands to teach him a lesson about respect.
Totally unacceptable to think he can do this is an understatement, I just don't understand the mentality of some people
 

LadyGascoyne

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OP, just to protect yourself, I would put up a notice on the gate saying

NO ENTRY
DO NOT FEED OR TOUCH THE HORSES
HORSES ARE DANGEROUS, DO NOT APPROACH THEM
OWNER TAKES NO RESPONSIBILITY FOR TRESSPASSERS SAFETY

Just in case there is an accident and you are sued.

Otherwise nothing to add but you are totally justified in being infuriated and I hope that can find a way to prevent it from happening again.

Here in South Africa , it would amount to misappropriation, not theft, as theft requires the owner to be permanently deprived of the property. I'd probably apply for a court order (interdict) against the Muppet, but I'm not sure how that translates in UK law.
 

3OldPonies

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Mine are in a field with a public footpath through the middle atm and this sort of thing terrifies me. Although one is 16.2 IDx and the other 3 are crackers so hopefully nobody would ever try. A friend saw some people feeding them last week though :( if you want to stroke/ride/feed a horse buy your own or go to a riding school :(

I have this footpath/feeding problem as well. You can hear me about a mile away if I manage to catch anyone in the act. The postman is still rubbing his ears now from when I caught him feeding them dog biscuits, and that was a good few years ago.

I do worry about people 'hopping on' as mine are all oldies with various leg problems and the consquences could be awful. If I caught anyone doing that, then I think my OH would have to take up prison visiting, because I might not be in total control of my actions !!!!

OP - you give the scumbag as much grief as you can - go for it, by whatever means you think fit.
 

MagicMelon

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If I knew who it was I'd be knocking on his door and going absolutely nuts at him. I'd be more than horrified if I ever saw anyone posting pictures riding one of my horses. Perhaps worth getting your solicitor to write him a formal letter advising you will take further action against him if you find him anywhere near your horses again. I'm so lucky living up here in Scotland, we don't seem to have so many of these issues as down south. I've never ever found anyone in my field or anywhere near my horses in fact even though our fields border the road. And here, people have a right to walk anywhere they want but they don't!
 

DragonSlayer

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Whilst I totally and utterly understand you are incandescent surely a stern ticking off is the best course of action in this instance? What would a prosecution actually achieve? It would just cost a load of money and likely as not have exactly the same outcome (ie retard doesn't ride your horse again).

This moron stole my head collars. They were found elsewhere on another horse and the floor. He was stupid enough to take photos of what he was doing. What would it achieve? Maybe the message that no matter what the crime, or how insignificant it seems....you just can't go around joyriding horses and stealing?
 

x-di-x

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Better to take off the dust caps instert a match and snap it off! ;)

I feel your pain, I had someone do that at a livery yard and my horse ended up with concussion of the hocks.

Avenue's for the police.... Intimidation and harassment by posting pictures on fb thereby provoking you.... causing you distress and placing you in a state of fear and alarm(really play on those points as that's the basic requirement for a breach of the peace)

Also play of the horse thefts/thefts of farm equipment etc, and your fear of retaliation. If you can afford it a no molestation order from a solicitor/ interdict or similar preventing him for approaching you or your field. With a power of arrest attached to it.
 

Toby_Zaphod

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Isn't part of the legal definition of theft 'assuming ownership over'? Surely by taking and riding them without your consent, they were doibg just that?

Unfortunately to prove an offence of theft you have to prove all parts of the legal definition, just proving part does not prove the offence. If all parts cannot be proved then you will not have that particular offence. You may have a different offence but not one of theft.

A person is guilty of theft if they dishonsetly appropriate property belonging to another with the intention of PERMANENTLY DEPRIVING the other of the said property. The man had no intention of keeping the horse so there is no theft as you cannot prove all points.

As for taking without consent, this offence relates to motor vehiclesonly & not horses so that offence is not committed.

Taking civil action & obtaining an injunction is probably the best & posib;ly the only way to take legal action against the man.
 

DJ

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I`m in Lincolnshire and had to move from my lovely field last year due to MUPPETS coming into my field and pinching my headcollars, fencing unit and batteries for the electric fencing .... My field ran down the side of a rail way track, and the risk was just too great as they were leaving the gate open onto the railway, and everytime I replaced my battery/unit they were coming back 2 - 3 weeks later and pinching it again :( ... police didn`t do a thing (nothing they could do) and I couldn`t bear the thought of my two ending up on the railway lines ... So I moved.

I dread to think what else the thieving asshats had tried, as my big lad was always well and truly wound up and on his toes after a "visit" from them .... he`s already a handful :(

OP ... I do hope there is something that can be done in your case
 

ChesnutsRoasting

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Personally, in a matter like this, I wouldn't involve the police. I would bide my time using various stealth tactics, find out who the offender is & dispense a bit of rough justice.
 

ChesnutsRoasting

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A horse would have been classed as a conveyance and viewed as any other property before the days of motorized transport - so unless the law was specifically changed and states otherwise then surely that should still be the case? What an ignorant judge and what short memories we have as a nation - not that many years ago horses were the main source of transport.

RE the scrote messing with your horse - I expect he'll get away with a little telling off. I'd be tempted to wait till the dust settles then mess his car up - or his face. It's time people started fighting back against these idiots - the law wont do anything.

End of rant :D

You are right, it hasn't been changed. An owned animal is classed as 'property'.
 

Shadow the Reindeer

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I think it's sods law if it's ok for any Tom, dick or Harry to walk into your field and just ride your horse and owners can't do a darn thing about it. Person gets thrown off, owner gets sued. Something very wrong there, isn't there?? Person nicks car, crashes it, gets seriously hurt, yet gets the book thrown at them. Wrong there too!!
You can't just help yourself to someone's car/bike, although they are technically the same thing are they not?
The law should be the same for a pet as it is for a car.
 

DragonSlayer

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The police have been and the two officers are BRILLIANT. Feeling much better!

Things are in motion and I'm confident that putting my trust in the right side of the law will see this muppet off for good.

I'll keep you all updated and thanks for all the great advice. :)
 

gembear

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If one of the horses has been injured then there could possibly be an offence of Criminal Damage, strange I know, but that it what the offence would be. As for the Police giving him a stern ticking off, they have to be careful when doing this because if the person has committed no criminal offence then what are they cautioning him for?

Don't get me wrong, I am in no way condoning what this person has done but it is very difficult for the police to do anything when there are no criminal offences disclosed.

In a case like this you either hope that the Police intervention will do something to stop this person however if it doesn't then private civil action may be the only course left to take. You may be able to obtain an injunction the keep the person away from you horses & off your property. This injunction needs to be granted with a power of arrest (not all injunctions are granted with this). Then if he persists the Police can get involved & arrest him for breaching the injunction & put him before the judge who granted the injunction. It's similar to contempt of court & judges don't like people who disregard their rulings.

Probably your best bet tbh!

Actually there has been a crime committed.

If the said horse had been a car then the person who took the car and drove it would have "twoc" your car. Taken without consent. This is a criminal offence so if the police start to umm and arr about the situation (more likely their thinking of the paperwork involved) just remind them let it be car or horse they are modes of transport. When riding on the roads the horse is also known as road traffic. Good Luck.

That relates to motor vehicles only, not horses.

I imagine the Police will find it quite hard to charge him with anything tbh, as there is no criminality apart from theft of the head collar. Most law relating to this situation will come under civil law. If you've got a couple of helpful cops though, hopefully they can stear you in the right direction/give good advice.

Absolutely awful though! What a %*&$%*!
 

PolarSkye

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..I'd say more but I'm exhausted and need to sleep! Haven't slept much these last couple of nights. :p

I am glad the police have been and that they have been receptive/helpful. Please, please try and get some sleep tonight . . . I recommend brandy as a sedative ;).

P
 

DragonSlayer

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Oh happy days!

I've just had a parcel dropped off that was delivered to the wrong house, a prize I won at the Bransby open day! That's cheered me right up!

A saddle cloth with a pair of brushing boots and overreach boots...

:D
 
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