Rspca Update She Came Back

[quizicalkat]

I would still rather have the police turn up at my door with a warant than let the RSPCA in! At least they have a regulatory body.

[Uncle Les]

Originally Posted by slither61

HI all,

Uncle Les

So the police just make it up then to get a warrent for the RSPCA or do the police do this all the time makes me think!!!!.

slither61

You miss the point that is that the RSPCA can easily get a warrant if they wish, it is granted on the grounds of information laid before them not evidence provided. The warrant gives access to obtain the evidence.
Don't turn on me I am just telling it as it is and correcting your misinformation. As for what the Police do or don't do I am not even going to bother responding to that as it is the kind of crap you get used to from people who haven't got a clue.

[Chris Newman]

Originally Posted by Uncle Les

You miss the point that is that the RSPCA can easily get a warrant if they wish, it is granted on the grounds of information laid before them not evidence provided. The warrant gives access to obtain the evidence.
Don't turn on me I am just telling it as it is and correcting your misinformation. As for what the Police do or don't do I am not even going to bother responding to that as it is the kind of crap you get used to from people who haven't got a clue.

Under what auspices can the RSPCA ‘easily get a Warrant’?

[Uncle Les]

I think if you read all the posts you would see the point I am making which is that to say it is hard to get a warrant is wrong. To obtain a warrant they only have to provide information to convince a magistrate that they need to gain entry for their purpose to seize animals and gain evidence not withstanding that they need need the Police.
I am not commenting on this case or any in particular.
Personally I am fed up responding to this thread which seems to go the way of most threads on this forum I only wrote what I know I don't make the rules and I don't break the rules.

[Chris Newman]

Originally Posted by Uncle Les

I think if you read all the posts you would see the point I am making which is that to say it is hard to get a warrant is wrong. To obtain a warrant they only have to provide information to convince a magistrate that they need to gain entry for their purpose to seize animals and gain evidence not withstanding that they need need the Police.
I am not commenting on this case or any in particular.
Personally I am fed up responding to this thread which seems to go the way of most threads on this forum I only wrote what I know I don't make the rules and I don't break the rules.

The RSPCA themselves cannot get a Warrant, the only way the RSPCA can get a Warrant, or rather gain entry under a Warrant is to con a police officer or animal welfare inspector into apply for such. You are correct that it is not difficult for either a police officer or animal welfare inspector to get a Warrant. However, in order to do so they have to swear on oath that effectively they are acting in good faith. If they mislead a Magistrate, or knowingly give false information in order to acquire a Warrant then those who apply for the Warrant can get into serious doo doo. That is why it is important to challenge why a Warrant was issued when ever possible.

[Uncle Les]

I agree with what you are saying I have sworn many a warrant myself so I know the process well. As for challenging why the warrant was issued I am not sure that you find out the full info. The details of the information laid are written on a form and given to the magistrate it will not give precise info ie naming the informant if a third party. The onus is on the person swearing the warrant to believe it to be correct and not to mislead.
You did remark about the RSPCA conning the Police or whoever to swear a warrant out, surely we must all agree that sometimes what they do is for the best we are not just talking about the way they look at exotic keepers but the rules apply across the board.

[sammy1969]

Ok sorry havent been online for the past few days due to illness but i see this thread has caused alot of comment as always and i am glad that so far it has not deteriorated into insult throwing as i know this subject gets to everyone on some level or other.
TO update everyone on the situation and the most recent developments THe RSPCA officer turned back up on my doorstep on Monday again asking for entry now as i say i was not at all well but got the usual attitude from her She said is now a better time to which i replied no it wasnt as i was unwell She looked me up and down as if i was something that you would scrape off your shoe and with my mother in law stood there stated that she would be back and that she would want to come in and just when would be convienient for me as she would be back in a few days. I thought i have to do something and i know that eventually she would gain entry i said well if oyu would like to make an appointment i would try and make sure i was available. Her respnse was yes why dont we do that when would you be in thursday? No i replied as i knew that i was out and made an appointment for the 18th april at 2pm only one problem i had forgotten that i am supposed to be in court that morning so i am hoping i will be back in time.I am hoping that once she has seen the animnals are ok i will be left alone but i doubt it she doesnt seem to be the forgiving type and she wasnt pleased at having to wait two weeks to gain entry to my home but still nevermind.
Chris if i may i will call oyu within the next few days once i am back on my feet properly to discuss you being here for her visit.
And to everyone who is supporting me through this trying time thankyou so much for you words of support i do have the notice up on my vivs and in my pc room to show her that i know my rights when she comes in and i will make sure she sees it too.
Thanx again everyone
Sam
Oh and to the person who asked about reporting this person i have already done so before but did not even get acknowledgement from the RSPCA regarding the complaint and i know that i am not the only person who has made complaints about this officer but they never seem to come to anything.

[Chris Newman]

Originally Posted by Uncle Les

I agree with what you are saying I have sworn many a warrant myself so I know the process well. As for challenging why the warrant was issued I am not sure that you find out the full info. The details of the information laid are written on a form and given to the magistrate it will not give precise info ie naming the informant if a third party. The onus is on the person swearing the warrant to believe it to be correct and not to mislead.
You did remark about the RSPCA conning the Police or whoever to swear a warrant out, surely we must all agree that sometimes what they do is for the best we are not just talking about the way they look at exotic keepers but the rules apply across the board.

My argument is if the police have applied for a warrant to search for evidence of an offence, then it is for the police to prosecute that offence. Not hand the evidence to a third party such as the RSPCA. I have raised this as an argument with the Chief Constable of Hampshire: - is it lawful for the police to procure a warrant to allow a non-statutory body to gain entry for the purposes of seeking a private prosecution! For some reason he is not keen to answer this question in writing! My view is this is in direct conflict with the Human Rights Act!! We shall see in the fullness of time.

What I am suggesting is that all RSPCA prosecutions are unsafe as they are not independently scrutinised. I am suggesting they are all unsafe, not necessarily wrong. All I am asking for is that the same safe guards are in place for RSPCA prosecutions, as they are for police prosecutions, I don’t think that is too much to ask!

[Chris Newman]

Sam, not a problem you have my number, give me a call any time.

[Uncle Les]

Chris I take your point and I have to say that I do not have the information regarding prosecutions by the RSPCA so I am not going to dispute what you say.
In fairness this thread is just joining the other RSPCA threads and seems to suggest we all take a militant stance against them.
Regardless of what people believe their role to be they do some good work, other threads on this forum support that or at least that people have some faith in them.
You clearly dislike them that's your right I no longer support them as a charity, it is unlikely that I would let them into my house unless they had a very good reason for being there.
All I have tried to do here is point out how easy warrants are to obtain I do not wish to debate the politics of the RSPCA.