ODLs Flashcards
Section 17 health and welfare (scot) act 2006.
Define a protected animal.
An animal which is commonly domesticated in the British isles, under control of man on a temporary or permanent basis.
Eg farmed salmon are covered - free swimming salmon are not.
Section 16 health and welfare (scot) act 2006.
Define an animal
A vertebrate (any creature which has a back bone) excluding humans, any creature without one is not covered yet.
It does not cover vertebrates in a foetal or embryonic state.
Section 19 health and welfare (scot) act 2006
What is the offence?
A person commits and offence if they cause unnecessary suffering by an act which they knew, or ought to reasonably know would cause suffering or would be likely to do so.
Suffering includes mental and physical.
Eg beating, kicking, torture, leaving a dog in a car on a hot day without water.
What is an act of omission in relation to sec 19 health and welfare (scot) act 2006?
If an animal is suffering because the person who is responsible isn’t looking after it.
This would include a parent failing to stop a child hurt an animal
Section 18 heath and welfare (scot) act 2006.
Who is responsible for an animal?
The person who is responsible on a permanent or temporary basis.
It can include being in charge, although the owner is ALWAYS responsible
Any person under 16 can not be responsible.
The person who has care or control of the under 16 has responsibility for the animal
A person who owns an animal and abandons it DOES NOT relinquish responsibility.
Section 24 health and welfare (scot) act 2006
A person commits an offence if
They do not take steps that are reasonable in the circumstances to ensure the needs of the animal are met
Needs include
- suitable environment
- suitable diet
- able to exhibit normal behavioural patterns
- any need it has to be housed with, or apart from other animals
- its need to be protected from suffering injury and disease
Section 23 health and welfare (scot) act 2006
What is an animal fight?
Any occasion that a protected animal is placed with an animal or human for the purposes of fighting, wrestling or baiting.
Its an offence for any person to -
- keep or train an animal for fighting
- possess without lawful authority or reasonable excuse equipment designed or adapted for use in animal fighting.
A person commits an offence if
- cause an animal fight
- arrange a fight
- participates in making, carrying out arrangements for a fight
- allows premises to be used or charges admission
- makes or accepts a bet on the outcome of an animal fight
- bets on the likelihood of anything occurring in the course of a fight.
- is present at a fight without lawful authority
In relation to video recording an animal fight what is included in the offence?
- supplying
- publishing
- showing to another person
- possession of a video with intent to supply
DOES NOT APPLY
- before 2006
- outside uk
- if its for inclusion in a program in connection with law enforcement
Section 22 health and welfare animal (scot) act 2006
Relates to the poison of animals and creates an offence for …
A person without reasonable excuse or lawful authority
- Administer a poisonous or injurious substance to a protected animal
- causes such drug or substance to be taken by a protected animal
- if they permit another person to administer a poisonous or injurious substance to a protected animal
- fails to take reasonable steps to prevent that from happening.
Section 20 health and welfare animal (scot) act 2006
Mutilation
An offence for any person to carry out a prohibited procedure on a protected animal
OR
Cause or permits a prohibited procedure to be carried out
It is also an offence to take an animal out with Scotland for the purposes of carrying out a prohibited procedure
Definition of human trafficking?
- Recruitment, transportation, transfer, harbouring or receipt of a person
- by threats, force, coercion, abduction, fraud, deception or abuse of power
- or by giving payment or benefit to achieve consent of control for exploitation
In terms of human trafficking define a child.
A child is any person under the age of 18
What is human smuggling?
- facilitating illegal entry
- either secretly or by deception
- have normal paid money
- on arrival are free to go
Define sexual exploitation.
Non-consensual or abusive sexual advantage of another
Define forced labour
- threats or actual physical harm
- restriction on movement and confinement to a place
- debt-bondage
- withholding wages or wage reduction
- retention of pasport
- threats of denunciation to authorities
Define domestic servitude.
Working in private homes and normal leads to a very isolated life
Define illegal organ trafficking
- Kidnap, killing and sale of people for organs
- removal through coercion or deception (removal without consent)
- recruited and taken abroad
- victim may agree to sell but don’t get paid
- organs removed from brain dead patient prematurely
Why do people become victims of trafficking?
- poverty
- escaping current situation (war)
- unemployment
- poor education
- demand for sex workers abroad
- people want to travel
- pull of developed world
- better life for children
Poverty V relative poverty
Victims may be poo because of economic conditions within their contry
BUT
Are also likely to be poor compared with other citizens of that country
Section 22 criminal justice scotland act relates to offences which include?
Sexual exploitation
Section 4 asylum and immigration act 2004 includes offences such as
Labour exploitation
What are the three phases of trafficking?
- recruitment
- transit
- destination
What forms of abuse may victims face before trafficking?
- confiscation of documents
- rape and sexual abuse
- threats of reporting to authorities
- violence towards them and family
- socially isolated
- locked up
- drug misuse
- voodoo or witchcraft
What are the key things when dealing with a victim of trafficking?
Language
- give as much info as possible, tell what is happening, time scales
Trauma
- they may be suffering mental disorder or post traumatic stress
Medical needs
- look for signs of stress or physical injury, also drug alcohol misuse
Insecurity
- victims families may have been threatened with violence if they speak to authorities
Culture and religion
Immigration status of victims of trafficking
Should not be treated as suspects or immigration offenders
What is your initial approach to a victim of human trafficking?
- safe place
- medical needs
- victim and any suspect seperate
- inform supervisor
- notify senior detective
- liase with national human trafficking unit
- SID
Council of european conventions on action against trafficking. What is the 3 points?
- prevent and combat trafficking
- identify and protect victims and safe guard their rights
- promote international cooperation against trafficking
Power of seizure (stray dog)
The police or local authority appointed officer has the power to seize any dog they have reasonable cause to believe is stray
Disposal for seizure of a stray dog
The police or local authority officer must keep a register of all dogs found or seized.
Should be available for public inspection at any reasonable time
- description of animal
- date of seizure
- how the animal was disposed of (dog pound)
What should happen if a stay dog has a collar with its owners details?
- Notice served in writing (post, or left at their address)
- 7 days to claim dog and pay any expenses incurred
- after 7 days may be sold or humanely destroyed
CANNOT be sold for vivisection
When a member of the public finds a stray dog what are the options?
- may agree to keep dog for minimum or a month and certificate from police or local authority issued
- after that time can either hand dog to police or keep
- if no one claims dog within 2 months the dog automatically becomes the finders lawful property.
What is the offence for dog fouling?
Creates an offence for a person to fail to
- remove and dispose of dogs excrement without reasonable excuse
OR
- consent of the landowner or occupier
ALSO an offence when suspected of the crime to fail to give name and address to a local authorised officer
Where does the dog fouling act cover?
All public places including any common stair, close, court, stair, back green and other similar
Fixed penalty for dog fouling
- no need for corroberation
- 28 days to challange
- £40
- increases to £60 after 28 days unless a hearing has been requested
Exemptions of dog fouling offence?
- visually impaired person with guide dog
- working dog driving sheep or cattle
- dog on official duties eg army and police
- dog used for emergency rescue work
- ## a disabled person with physical impairment which dog is trained to assist with
What is considered NOR reasonable excuse for dog fouling?
- being unaware of the defication
OR - not having suitable means to remove it
Who’s duty is it to take action against dog owners who fail to fit a collar?
Local authority
What are the two main parts of legislation which cover stray dogs?
- dogs act 1906
- environmental protection act 1990
Section 1 dangerous dogs scot act 2010 relates to serving a notice…
- if it comes to the attention of an authorised officer that
- on at least one occasion the dog has been out of control
- the officer may serve the proper person a dog control notice
- requiring the person to bring their dog under control
What is a proper person in relation to section 1 dangerous dogs scot act?
Its owner, or if they haven’t attained the age of 16, the person with parental responsibility
OR
If it isnt apparent after enquiry who the proper owner is
OR
If the circumstances are such that it would not be reasonable to serve a dog control notice
What is an authorised officer in relation to dangerous dogs scotland act?
Officers appointed by a local authority.
At least one should be appointed per authority
Section 3 dangerous dogs act creates the offence
- For the owner and
- If different the person in charge of the dog to allow it to be dangerously out of control in any place.
If the dog injures a person this is an AGGRAVATION
What proof is required for section 3 dangerous dogs scotland act?
- the dog was out of control
AND
- that the lack of control was dangerous
What are the four types of section 1 dogs?
- Pitbull terrior
- japanese tosa
- fila braziliero
- dogo argentino
Who has the power to designate a fighting dog?
Secretary of state
Section 1 dangerous dogs act 1991 creates N offence in relation to certain dogs…
- breed or breed from
- sell or exchange, offer, advertise or expose a dog for sale
- make or offer to make a gift or advertise as a gift
- have in a public place without a muzzle or lead
- abandon or stray
What is the statutory defence in relation to section 1 dogs?
- publish an advert on behalf of another and did not them-self devise it
- did not know or have reasonable cause to suspect that the dog was section 1