POLICE WRONGLY CLAIM THAT RSPCA ARE STATUTORY AGENCY.
THEY ARE JUST A PRIVATE PROSECUTOR, WITH ONLY THE SAME RIGHTS UNDER LAW AS ANY ORDINARY MEMBER OF THE PUBLIC.
Select Committee on Environment, Food and Rural Affairs
MICHAEL FLOWER RSPCA
"I will respond to that, if I may, Chairman. The present situation is that the RSPCA prosecutes as a private prosecutor. We do not claim and we do not have any authority from local or central government to act as a prosecutor. We act now as a private prosecutor; if the Bill becomes law we will continue to act as a private prosecutor"
Reply from FOI Request from Derbyshire Constabulary.
Where an agency is undertaking a prosecution they are permitted under the Data Protection Act 1998 to make a request under Section 29 of the Act for personal information relating to an alleged offender in terms of specific evidence required to further that investigation / prosecution. Where this is a legal request we have a duty to provide relevant information for the judicial process. The information is disclosed purely for the purpose of that investigation / prosecution.
We do receive requests purely for criminal record checks from statutory agencies e.g. Local Authorities, Social Services, Social Security / Pensions, Department of Transport etc (this may include the RSPCA on occasions in relation to an impending prosecution in gathering specific evidence of antecedents for a court hearing as required by national legislation) in connection with alleged offenders.
http://www.whatdotheyknow.com/request/freedom_of_information_request_i_6#incoming-219358
Link to section 29 Data Protection Act 1998
http://www.legislation.gov.uk/ukpga/1998/29/section/29
This appendix details the circumstances under which Kent Police would share information with organisations including the RSPCA and the type of information which would be shared.
http://www.kent.police.uk/about_us/policies/d/documents/D14_Appendix_B_April_09.pdf
LETTER FROM MP JIM PAICE MINISTER OF STATE FOR AGRICULTURE AND FOOD
http://rspcainjustice.blogspot.com/2011/03/its-official-rspca-have-no-special.html
"There is no definitive list of organisations that institute prosecutions in England and Wales. The common law power to instigate private prosecutions is preserved under section 6(1) of the Prosecution of Offences Act 1985 and it is used by a number of organisations who otherwise do not have the statutory power to prosecute".[259]
http://www.publications.parliament.uk/pa/cm200708/cmselect/cmjust/186/18608.htm
THE RSPCA THEMSELVES ONLY CLAIM PRIVATE PROSECUTION POWERS
(WHEN IT SUITS THEM)
The power to prosecute
Everyone in England and Wales has the right to bring a private prosecution against someone who they believe has committed an offence.
Section 6(1) of the Prosecution of Offences Act 1985.
http://www.rspca.org.uk/in-action/whatwedo/prosecution
Everyone in England and Wales has the right to bring a private prosecution against someone who they believe has committed an offence.
Section 6(1) of the Prosecution of Offences Act 1985.
http://www.rspca.org.uk/in-action/whatwedo/prosecution
2 comments:
The RSPCA are very clever at intentionally misleading the Police and other Govt bodies and Magistrates into believing that they do have statutory powers when in fact they dont, I know that they actually talk about this at their Inspector training sessions.
The RSPCA will then use this misconception with individual Police Forses to con them into sharing PNC information, they will also share this information with the ALF and other violent animal welfare nutters.
Its a scandal, they are just a charity, would the police share criminal records with the british heart foundation?
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