Springy
Well-Known Member
Oh I'm sorry. I will play 'nicely' now.
I will agree with your opinions.
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You don't have to agree just put your point over without being so derogatory or nasty
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Oh I'm sorry. I will play 'nicely' now.
I will agree with your opinions.
![]()
You don't have to agree just put your point over without being so derogatory or nasty
....
Er......an I the only one who's noticed that Moomin left the thread when it started to get a bit uncomfortable......but then 'MillyMoomie' very kindly joined and picked up where she left off.....and then she left the thread and now Moomin's back...?
Just me!?
Judges rarely rule on guilt or innocence, that is a panel, or even a jury. There is another possible cause for the RSPCA to get such a high 'conviction' rate, they have access to a lot of funds for prosecuting, unless the person they are prosecuting qualifies for legal aid, then the 'accused' will have to fund their defence, which is costly and tbh few people have access to the funds which they would require to mount an appropriate defence. IMO this is another reason why these should not be private prosecutions brought by a charity, but should be dealt with by the normal prosecution channels. People are often advised to plead guilty if they cannot afford to mount a defence against a private prosecution.
Judges rarely rule on guilt or innocence, that is a panel, or even a jury. There is another possible cause for the RSPCA to get such a high 'conviction' rate, they have access to a lot of funds for prosecuting, unless the person they are prosecuting qualifies for legal aid, then the 'accused' will have to fund their defence, which is costly and tbh few people have access to the funds which they would require to mount an appropriate defence. IMO this is another reason why these should not be private prosecutions brought by a charity, but should be dealt with by the normal prosecution channels. People are often advised to plead guilty if they cannot afford to mount a defence against a private prosecution.
Hmmmm
Sorry, not convinced. A new user who immediately jumps in only on existing arguments where Moomin is lacking people backing her up?
Ill venture to think as I did before, I think.
Animal welfare act offences are summary only offences, therefore heard in magistrates court, therefore heard by a district judge or a panel of magistrates.
And if you believe that so many innocent plead guilty because of cost of defending themselves, I with all due respect, will politely disagree with this statement. If your legal advisor told you to plead guilty, it's highly likely because there is overwhelming evidence against you, and by pleading guilty you make yourself look better to the court and therefore in turn are more likely to get a lesser sentence.
Hmmmm
Sorry, not convinced. A new user who immediately jumps in only on existing arguments where Moomin is lacking people backing her up?
Ill venture to think as I did before, I think.
Animal welfare act offences are summary only offences, therefore heard in magistrates court, therefore heard by a district judge or a panel of magistrates.
And if you believe that so many innocent plead guilty because of cost of defending themselves, I with all due respect, will politely disagree with this statement. If your legal advisor told you to plead guilty, it's highly likely because there is overwhelming evidence against you, and by pleading guilty you make yourself look better to the court and therefore in turn are more likely to get a lesser sentence.
The public interest , the CPS make a judgement based on what's in the public interest on whether a difficult case should come before a court that's right and proper .
In the case of animal cases the RSPCA a charity with its own agenda makes a judgement based on its interest on whether a case comes before a court.
My view is this is no longer a situation that is acting in the public interest and the police and the CPS should undertake this role.
Of course it has its own agenda! What charity doesn't!
RSPCA also take Public interest into account if you can be bothered to read their published documents om their animal welfare prosecutions. They follow the CPS Code and take prosecutions based on 1) Evidential test 2) Public interest test.
I do not work for the RSPCA nor am I an active contributor but I do like to base my opinions on facts. I work for a Government Regulator and we would approach it in pretty much the same way. We certainly wouldn't take a prosecution unless the above were satisfied.
Do you honestly expect the Police and the CPS to prioritise animal welfare crimes when funding across all Government and Public Sector is being cut so heavily they have to concentrate on things like violent crimes against people?
I find your reply somehat startling. 'Judges rarely rely on guilt or innocence'?? Have you forgotten the burden of proof in this country the innocent until proven guilty, the fact that any prosecutor apart from the most serious of crimes such as murder as to prove BEYOND ALL REASONABLE DOUBT that the offense was committed.
Legal aid is far reaching and if the burden of proof was not beyond all reasonable doubt the defendant would be awarded costs.
Our courts have public gallerys i suggest you possible go and watch a few.
the estimated costs for the defendants could have run well over £100,000. The defendants were a huntsman and a farmer, if they had LOST, they would have been liable and does anyone actually know where the line for legal aid is drawn? I keep seeing posts saying that legal aid can be applied, but what exactly are the requirements? clearly these 2 did not meet those or logically they would have taken advantage of it. Would you want to take that risk? I certainly wouldn't.
21 pages later and nothing has changed, those who believe fully in the RSPCA will not change their ways or listen to those who dislike the RSPCA vice versa.
Where is my award for reading all of this![]()
I got a call tonight from two of my friends from the yard, they had found a shetland pony tied to a lampost by the neck using a car seatbelt. The RSPCA would not attend they obviously thought leaving the pony there was ok. The police were nearly as bad, at least they showed up but then handed responsiblity for the pony over to my friends and then left
I think the word PREVENTION should be dropped from the RSPCA name would he have to starve to death before they did anything
Could you tell us who you think should be prosecuted, why, and under what law?
Ok......this is how i think it SHOULD be....(I know its not, but imo it ought to be)
The RSPCA get called out. There is a case. Police should be called, animal(s) seized, and the police should then charge and offer the case to the CPS for consideration.
The RSPCA should not be bringing prosecution at all.....it should fall to the police to do so.
Cruelty IS a CRIMINAL offense punishable by up to 51 weeks in prison and fines of upto £20,000.
The only time an RSPCA inspector should ever be seen in a court room is to testify.
As to who should be prosecuted? In an ideal world anyone who willfully neglects an animal.
In a less than ideal world? Anyone the CPS thinks can be brought to justice in a court of law.
But the RSPCA has no business in bringing private prosecutions on "moral" or "polictical" grounds, and as they have, I am not of the belief they should be bringing private prosecutions at all anymore.
I dont see your point my friends and i were dealing with this one shetland pony why on earth would i want to raise money for an organisation who would no attend this pony
This pony needed help at that moment in time what would you of had us do all take turns in standing with the pony until it died that may take a bit of time it is in good health, i would like to think the equestrian community could pull together in these situations you never know next time it might be your horse, you would then probably complain that everyone walked by and did nothing
i would prefer to find out that someone had been kind to my horse and cared for it
perhaps you would like to hold a coffee morning to help towards my diesel for collecting him and my friends hay and straw that he is now enjoying
his owner maybe found yet until then he is safe
Just to clarify are you really saying you believe the heythrope hunt were NOT hunting illegally? despite all the video footage? Really???
What is the rubbish about judges 'relying' on guilt or innocence, and the fact that they rarely rule was in response to someone saying it is up to the judge to decide, please read the context. Legal aid is not far reaching, ask the huntsman for the Haythrop. The prosecution has to proove beyond reasonable doubt in all public prosecutions for criminal cases, I suggest that you watch a few cases from the gallery as well, or even try working within the legal system a bit![]()
I do work within the legal system and i have no idea what your trying to say or even what point your trying to argue with?
Please read the link which clarifies what exactly happens in a magistrates court, with a summary offense (Animal Welfare Act) bought by a prosecutor, in this context private- RSPCA.
http://www.judiciary.gov.uk/you-and-the-judiciary/going-to-court/magistrates-court
I suggest you read your own posts, and maybe proof read before posting, it may help to reduce your confusion.