Table of Contents

Preface v; Dedication ix; Acknowledgments x; Table of Cases xix; Table of Statutes xxiii; Table of Statutory Instruments xxvii; Chapter 1, Protection: A1 Property; A2 Man; A3 Dominion; Chapter 2, Animal Welfare Act 2006: B1 Scope; B2 Five Freedoms; B3 Life; B4 Animals to which the Act applies; B5 "Protected animal"; B6 Responsibility for animals; B7 Unnecessary suffering; B8 'Hell Farm'; B9 Spindle Farm revisited; B10 Action; B11 Mutilation; B12 Docking of Dogs' Tails; B13 Administration of poisons etc; B14 Fighting etc; B15 Duty of person responsible for animal to ensure welfare; B16 Whip; B17 Improvement notices; B18 Transfer of animals by way of sale or prize to persons under 16; B19 Regulations to promote welfare; B20 Conviction; B21 Collars; Chapter 3, Registration and Rescue: C1 Range; C2 Licensing or registration of activities involving animals; C3 Codes of practice; C4 Making and approval of codes of practice: England; C5 Making of codes of practice: Wales; C6 Revocation of codes of practice; C7 Powers in relation to animals in distress; C8 Words; C9 Power of entry for section 18 purposes; C10 Orders in relation to animals taken under section 18(5); C11 Orders under section 20: appeals; Chapter 4, Evidence and Prosecution: D1 Enforcement; D2 Seizure of animals involved in fighting offences; D3 Conditions for grant of warrant; D4 Entry and search under warrant in connection with offences; D5 Entry for purposes of arrest; D6 Inspection of records required to be kept by holder of licence; D7 Inspection in connection with licences; D8 Inspection in connection with registration; D9 Inspection of farm premises; D10 Inspection relating to community obligations; D11 Power of local authority to prosecute offences; D12 Prosecutor; D13 Time limits for prosecutions; D14 Certificate; D15 Limitation; D16 Warning; D17 Post-Conviction Powers; D18 Imprisonment or fine; D19 Deprivation; D20 Disqualification; D21 Seizure of animals in connection with disqualification; D22 Section 35: supplementary; D23 Destruction in the interests of the animal; D24 Destruction of animals involved in fighting offences; D25 Reimbursement of expenses relating to animals involved in fighting offences; D26 Forfeiture of equipment used in offences; D27 Orders under section 33, 35, 37, 38 or 40: pending appeals; D28 Orders with respect to licences; D29 Termination of disqualification under section 34 or 42; D30 Orders made on conviction for reimbursement of expenses; D31 Orders for reimbursement of expenses: right of appeal for non-offenders; Chapter 5, Duty and Responsibility: E1 Inspectors; E2 Conditions for grant of warrant; E3 Powers of entry, inspection and search: supplementary; E4 Power to require assistance; E5 Functions in connection with inspection and search; E6 Offences; E7 Power to stop and detain vehicles; E8 Power to detain vessels, aircraft and hovercraft; E9 Obtaining of documents in connection with carrying out orders etc; E10 Offences by bodies corporate; E11 Scientific research; E12 Fishing; E13 Crown application; Chapter 6, Sentencing: F1 Powers; F2 Summary; F3 POA; F4 AWA; F5 Prison; F6 Progress; F7 America; F8 Animal cruelty; Chapter 7, Dangerous Dogs Act 1991: G1 Reason; G2 Dogs bred for fighting; G3 Type; G4 Gift; G5 Intoxication; G6 Necessity; G7 Place; G8 Stray; G9 Scheme; G10 Advertisement; G11 Adding; G12 Abuse; G13 Other specially dangerous dogs; G14 Keeping dogs under proper control; G15 Expert; G16 Charge; G17 Degree; G18 Absolute; G19 Notice; G20 Fit; G21 Transfer; G22 Allows; G23 Penalty; G24 Destruction and disqualification orders; G25 Suspended; G26 Neuter; G27 Which; G28 Identification; G29 Natural; G30 Appeal; G31 Disqualified; G32 Undertaking; G33 Character; G34 Contingent destruction orders; G35 Otherwise; G36 Treatment; G37 Exemption; G38 Destruction orders otherwise than on a conviction; G39 Same; G40 Fair; G41 Seizure, entry of premises and evidence; G42 Entry; G43 Adduce; G44 Money; G45 Dogs owned by young persons; G46 Muzzling and leads; G47 Short title, interpretation, commencement and extent; G48 Infer; G49 Path; G50 Driveway; G51 Cul-de-sac; G52 Control; G53 Apprehension; G54 Will; G55 Ruling; G56 Draft bill; G57 Conclusion; Chapter 8, Sentence: H1 Effect; H2 Aim; H3 ABC; Chapter 9, The Legal Role and Status of Animals: I1 Profit; I2 Speciesism; I3 Masters; I4 Single; I5 Voice; I6 Jus animalium; I7 Mirror.

Promotional Information

Noel Sweeney has been promoting the book by appearing on the Steve Le Fevre Show on BBC Radio Bristol, conducting an in depth interview on 10 Radio in Taunton and writing an article on the history of the RSPCA for the Bristol Evening Post. He will be presenting a lecture on An Introduction to Animal Law at Foyle's in Cabot Circus in Bristol and delivering a lecture on Animal Law at the Clevedon Community Bookshop. He wrote an article in the Criminal Law and Justice journal analysing our need for An Animals' Ombudswoman. In particular he considered how all other disadvantaged and vulnerable groups who suffer discrimination as a result of age, capacity, gender, race and religion are protected by law and a legal body. Animals he concluded need a watchdog for the underdog for precisely the same reason. He wrote an article on World Animal Day, Badgers become bait while Politicians plan and Play, which analysed the political prejudice inherent in the Badger Cull in Somerset. He considered the actions of Dave Cameron in appointing Owen Paterson to oversee the Cull was motivated by Dave's avowed intent to abolish the Hunting Act 2004. Both are in favour of and previously involved in hunting. By declaring badgers to be 'pests', it is a progression to revive foxhunting under the same guise. The article is published in the Bristol Evening Post.

About the Author

Noel Sweeney has been a practising barrister for over 20 years. He specialises in criminal law and human rights and animal law. He has been a lecturer on all areas of law to business and mature students up to degree level. He was a facilitator for the Bar Council teaching other barristers about the Human Rights Act when it was introduced. He is particularly qualified to write this practical book, Animals-in-Law, because of his long-standing involvement in researching and writing and lecturing on all aspects of animal welfare and animal rights. In relation to animal law specifically he has appeared on radio and television to discuss the subject with other participants including Peter Singer, the best known philosopher on animal liberation in the world. He has covered many unusual areas of animal law which as a result of being a practitioner allows him an insight into the legal aspects that are considered by the Courts on a daily basis involving the life and death of animals. So in the context of that practice he speaks as he writes: with an informed and authoritative voice. The areas he has researched and lectured and written on include: dangerous dogs and dangerous people; the problem of identification of animals in a criminal trial; the forensic analysis of animals in relation to a crime committed on them or by their owners or other miscreants; the connexion between racism and sexism and speciesism. Recently he wrote a cogent article in the Criminal Law and Justice Weekly [2013] on our need in England for a Register of Animal Abusers similar to the Sex Offenders Register. That has had a very positive reaction from various people and some politicians. Indeed there is a campaign by interested parties seeking to use his ideas as a principle to introduce a new law to protect vulnerable women and children and animals. At present he is researching the connection between feminism and animal rights. Given the clear connection between sexism and speciesism it raises the fundamental question whether a woman can be a feminist if she does not believe in animal rights? At present, save for a few prescient women like Marjorie Spiegel and Carol Adams, the subject has been conveniently ignored. Rest assured that if there is an issue to be faced it will be analysed with a gimlet eye by the author. For his scalpel pen will unearth the legal position between us and our Darwinian cousins and criticise it wherever it is found to be wanting. The advantage he has as a practising barrister can readily be seen by considering a recent case where he represented a defendant who had a serious terminal disease. He was guilty of an offence under the Animal Welfare Act 2006 and so was likely to be disqualified for a long time, if not for life. Having researched the position it was evident that a long disqualification would adversely affect the defendant's health. So a succinct report confirming that fact was obtained from a doctor. Then the psychological aspects of losing an animal was explored and relied upon during the defence and mitigation in Court. That practical approach is the unique advantage the author brings to the subject. As a result he possesses the authority to enable the reader to know the information available is examined with discernment with them in mind. Noel Sweeney is one of the foremost animal law advocates in the country. His experience and knowledge of the subject has resulted in the seminal work on criminal law and animal welfare and rights: Animals-in-Law.

Reviews

"For the veterinary surgeon in general practice it provides an invaluable reference source for many issues which are commonly encountered when dealing with animals and their human guardians" - Nick Weston: Practising Vet. "For the busy practitioner involved in an AWA or DDA case, or even a member of the public acting for themselves in an AWA or DDA prosecution, this book will be an invaluable working aid" - Cresten Boase: Former CPS Lawyer and Criminal Law Solicitor. "A well overdue and balanced look at the serious social issue that is animal welfare, dogs and the law...I've already had a good read as it looks an excellent book!" - K.Evans: A Police DLO and Advisor on ACPO on Dangerous Dogs. "This book is, to my knowledge, the first in which the Law relating to animals is sensibly laid out. It is comprehensive and easy to read and is useful and enjoyable to both lawyers and pet owners. I thoroughly recommend it to both" - Graham Oxley, Solicitor. "I have recommended your book to our Learning and Development Department that it be issued to our student RSPCA Inspectors as an excellent source of information." - Philip Wilson: Senior Case Prosecutions Manager: RSPCA. "Surely this is going to be the most read book on the law relating to animals for students, academics, laymen and lawyers alike for some time to come. As a Solicitor specialising in criminal law for over 30 years I would recommend with open arms a clearly presented exposition of the law on animals which was also easily comprehensible and at the same time, interesting" - Terrence Allen: Solicitor.