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23 September 2016 / John Cooper KC
Issue: 7715 / Categories: Features , Charities
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Animal tragic

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John Cooper QC discusses the growing number of criminal cases concerning animal welfare

  • The prevalence of animal welfare cases.
  • The conduct of charities taking private prosecutions.
  • The RSPCA, dog fighting and controversy.

Cases involving animal welfare are becoming more and more prevalent, year by year.

There has been a considerable amount of controversy, in relation to the conduct of some charities concerning decisions they made about private prosecutions, in the criminal courts.

For any charity to engage with the law and particularly with the criminal court, there is a high degree of responsibility placed upon that charity to act with maturity and integrity, lest the whole ethos of charitable legal actions be brought into disrepute.

Misconceived

There are those who recently argue as a result of some controversial decisions by charities who have privately prosecuted, that there should be a complete cessation of prosecution activity. This is a misconceived approach and it would be very undesirable if the importance of charities or other campaigning organisations in taking legal actions is undermined.

Most importantly,

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From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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