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INTRODUCTION
The great majority of the population of this country
is law abiding and does not come into contact with the police or the
courts. Consequently, their knowledge of the Criminal Law is usually
restricted to what they are told by others, what they read in newspapers
or what they have seen on television. This is often inaccurate and of
little value when a person unexpectedly finds himself being asked "to
assist the police" or, in the case of people keeping birds or animals,
is approached by employees of such organisations as the RSPCA and RSPB.
PRINCIPLES
Our legal system is adversarial. That is to say, there
is an accuser and an accused opposing each other. The basic principle
is that the onus of proving an accusation is on the accuser, usually
the police, but in the case of birds and animals it may well be the
RSPCA or RSPB. It is for the prosecution to obtain evidence without any obligation
on the part of the accused to supply it. There are one or two exceptions.
RULES
The Police and Criminal Evidence Act 1984 (P.A.C.E.)
and the Codes of Practice issued under it, state not only what powers
the police have to arrest, search and question, but also how it must
be done. This also applies to any person other than a police officer
undertaking any similar investigations.
It should be noted that, other than the powers of the
ordinary citizen to prevent a breach of the peace, that is to stop a
fight or arrest for serious crimes, only the police may exercise the
powers of search, with or without a warrant, and make other arrests
under P.A.C.E.
The police may search you or your car, without warrant,
for stolen property. They may search your home if you have been arrested
by them. They must get a warrant from a Magistrate to search in most
other circumstances. Police may obtain a warrant under the Wildlife
& Countryside Act 1981, to search a dwelling house for evidence
of an offence created by the Act. They do not need one to search your
garden (including aviaries) but all their actions must be based upon
reasonable suspicion of an offence being or having been committed.
Warrants are addressed to the police and only those
persons identified in the document may enter premises under it. Anyone
else trying to enter your house under warrant may be a trespasser unless
you allow them in.
Inspectors from the Department of Environment, Food
& Rural Affairs, however, upon production of their authority if
so required are empowered to enter premises where birds subject to Schedule
4 of the Wildlife and Countryside Act 1981 are kept.
RIGHTS
(a)
Presumed innocence until convicted
(b)
Legal right of silence if suspected
(c)
Right to communicate with another if you are arrested
(d)
Right to obtain free legal advice BEFORE saying anything at all
(e)
Right to be told of the reasons for search or arrest
(f) Right to challenge the accusation (plead not
guilty if prosecuted) or any actions which have been taken by the police
or other organisation
ADVICE
(GENERAL)
Keep within the law and be able to prove it. Keep accurate
records of your birds, their breeding and descriptions. Keep photographs
with descriptions, names and dates marked upon the reverse side of the
photograph. Remember other people who can support you if you find yourself
accused of committing and offence in relation to your keeping of birds.
ADVICE
(LEGAL)
If you are visited by the police with a warrant, you
are entitled to see it first. Read it carefully and note what it says.
More particularly, who it is addressed to, for what purpose and who
may enter by it. Only those authorised by it should enter. Do not obstruct
the police officers. If persons not authorised try to enter, complain
to the police officers and ask them to note your complaint in a pocket
book. Do not try to physically eject the trespassers. The police may
think you are obstructing them and arrest you.
There are a number of actions you should take to protect
your position:
(a) Try to have a witness present who should not interfere
but take down notes of all that occurs.
(b)
Do not make any statements that you cannot later substantiate and which,
because of that, could incriminate you. It is better to say nothing
until you have solicitors' advice.
(c) Telephone your solicitor or, if you do not have
one, the solicitors to the BBC (details below). Do this while the police
officers are present, if you can.
(d) Take notes, photographs and tape record what is
said, if you can.
(e) Do not interfere with the search but by asking questions
(not answering theirs) try to find out all you can, such as who the
officers are, their station, who any other person is and from where
they come, what information caused the search warrant and, above all,
where they are taking anything they seize. You are entitled to details
of seizures in writing from the officers.
When they have gone, write a full account of what happened,
date and sign it. Any witness with you should do the same. This may
be invaluable if a prosecution is brought later.
The British Bird Council has
appointed:
Knights of
Regency House, 25 High Street, Tunbridge Wells, TN1 1IT (Tel. No.
‑ 01892 537311) as
their solicitors. Every person has the right to instruct any firm of
solicitors they wish BUT solicitors with specialist areas of animal
and bird law are to be advised. Knights
are available on the above telephone number at most times to advise
and assist you.
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