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Prosecuting under Animal Welfare Legislation: Why Time is of the Essence

Forster, S (2019) Prosecuting under Animal Welfare Legislation: Why Time is of the Essence. The UK Journal of Animal Law, 3 (2). pp. 2-25. ISSN 2516-2225

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This article exams both the legislative provisions and authorities surrounding the application of jurisdictional time limitations in commencing criminal proceedings for animal protection offences in the magistrates’ court and highlights the difficulties and consequences that are often encountered without paying careful attention to them. In particular, the article focuses on how the courts have construed s.31 of the Animal Welfare Act 2006 and seeks to evaluate the legal principles derived from those authorities in a comprehensive way to assist the reader with a better understanding from both a prosecution and defence perspective. The article also looks at the changes to be made to sentencing provisions by the Animal Welfare (Sentencing) Bill 2019 and, importantly, the reclassification of several offences as triable either way and the impact this will have on the prosecution of animal protection offences.

Item Type: Article
Subjects: K Law > K Law (General)
Divisions: Law
Publisher: A-Law
Date Deposited: 16 Apr 2020 09:33
Last Modified: 04 Sep 2021 07:28
URI: https://researchonline.ljmu.ac.uk/id/eprint/12745
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