Lack of statutory powers and allegations of police impersonation
The RSPCA rank names and rank insignia share similarity with
British police ranks, which has led some critics (such as Chris Newman, chairman of the Federation of Companion Animal Societies)
[15] to suggest
an attempt to "adopt" police powers in the public imagination. When
Richard Girling of
The Times asked about their lack of powers, a spokesman for the RSPCA said "We would prefer you didn’t publish that, but of course its up to you".
[15] Chris Newman claimed that the RSPCA
"impersonate police officers and commit trespass. People do believe they have powers of entry";[15] however, he did not produce any evidence of such impersonation of police officers,
[citation needed] and the Society strongly deny the charge. However, RSPCA personnel do issue members of the public with a caution which is identical to that used by UK Police Officers,
"You do not have to say anything, but it may harm your defence if you do not mention when questioned something which you later rely on in court" and the use of this may be interpreted by members of the public that the RSPCA does have statutory powers. [
Sally Case, head of prosecutions, insists that RSPCA inspectors are trained specifically to make clear to pet-owners that they have no such right.
 |
PIGS FLY, AND RSPCA OFFICERS ARE TRAINED TO TELL PEOPLE THEY HAVE NO STATUTORY POWERS
SALLY CASE. |
They act without an owner’s permission, she says, “only if an animal is suffering in a dire emergency. If the court feels evidence has been wrongly obtained, it can refuse to admit it”.
[15] The RSPCA logo is clearly visible on the uniform worn by RSPCA officers, all carry RSPCA ID cards, and their vans are clearly liveried with the RSPCA logo.
While the Protection of Animals Act 1911 does provide a power of arrest for police, case law has defined very clearly that Parliament did not intend any other organisation such as the RSPCA to be empowered under the Act and therefore the RSPCA does not have any powers of arrest, or entry or of search (Line v RSPCA 1902). Like any other person or organisation that the law deems to have a duty to investigate – e.g., HM Customs & Excise, Local Authority Trading Standards – the RSPCA is expected to conform to the rules in the
Police and Criminal Evidence Act 1984 so far as they relate to matters of investigation. RSPCA officers are trained to state, following giving the caution, that the person is "not under arrest and can leave at any time".
And yet Inspector Julie Lyons says the opposite,
"the Animal Welfare Act, which came into force last year, has made it possible for action to be taken as soon as animal welfare concerns are flagged up. RSPCA officers can now seize pets immediately if they are not being looked after properly, or are being treated badly"
http://en.wikipedia.org/wiki/Royal_Society_for_the_Prevention_of_Cruelty_to_Animals
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