Powers to Seize
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Powers to Seize
I'm just asking this on here in case anyone finds themself in the same situation as me and needs a quick answer.
I've ready everywhere that the RSPCA do not have the power to seize my animals. The RSPCA have told me that the Police seized them under section 18/5, BUT, when I went to the Police station there was no documentation or warrant. A second Police officer left a message on my phone last night saying the animals were taken under section 18/5, but that I had to deal with the RSPCA and not the Police. Am I right in thinking that I can apply to the Court for my animals back because in my eyes the RSPCA cannot withold my animals from me, only the Police.
I've ready everywhere that the RSPCA do not have the power to seize my animals. The RSPCA have told me that the Police seized them under section 18/5, BUT, when I went to the Police station there was no documentation or warrant. A second Police officer left a message on my phone last night saying the animals were taken under section 18/5, but that I had to deal with the RSPCA and not the Police. Am I right in thinking that I can apply to the Court for my animals back because in my eyes the RSPCA cannot withold my animals from me, only the Police.
Candcane- Posts : 123
Join date : 2013-05-01
seizure
Cancane - I think I came back to you on this one in a PM - the Police seize but do not seem to have to record it on their database as there is often no record of it. You must write to both the RSPCA, Chief Constable and Police and Crimes Commissioner to access your animals under Section 21 of PACE (Police and Criminal Evidence Act). The Police have possession but they will deny this, quote the sections of the Act and look up Northumbria Police and the animal weflare act on Google - they have recommendations to their staff which are good reading. Basically the police try to wash their hands of the case but they CANNOT. Quote both Section 18/5 section 18/8 and PACE section 21
Admin - can you get the text of these posted somewhere on the site as others will need this too
Admin - can you get the text of these posted somewhere on the site as others will need this too
millie1*- Posts : 147
Join date : 2012-10-31
Re: Powers to Seize
Thanks Millie1.
Just so much to do I can't remember what has to go to who! You are right about the Police trying to wash their hands of it. I'm about to do my letter to all of them now.
I think I will copy the letter to Liam Gavin Grant as my complaint against the Chief Inspector seems to have hit a chord!
Just so much to do I can't remember what has to go to who! You are right about the Police trying to wash their hands of it. I'm about to do my letter to all of them now.
I think I will copy the letter to Liam Gavin Grant as my complaint against the Chief Inspector seems to have hit a chord!
Candcane- Posts : 123
Join date : 2013-05-01
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