Staffordshire County Council v Sherratt & Anor [2019] EWHC 1416 (Admin) (28 February 2019)

Staffordshire County Council v Sherratt & Anor [2019] EWHC 1416 (Admin) (28 February 2019)

The extended time limit for prosecution under section 31 of the Animal Welfare Act 2006 does not apply to offences under the Welfare of Farmed Animals (England) Regulations 2007 because there is no express statutory provision to that effect. The default six-month time limit in section 127 of the Magistrates' Court Act 1980 applies.

Citation
[2019] EWHC 1416 (Admin)
Parties
Claimant/respondent: Staffordshire County Council; Defendant/appellant: Sherratt; Defendant/appellant: Sigley
Jurisdiction
England and Wales
Judgment Date
28 February 2019
Procedural Posture
Appeal by Way of Case Stated / Divisional Court Judgment on Appeal From Magistrates' Court
Outcome
Appeal dismissed
Legal Topics
Time Limits for Prosecution, Interpretation of Delegated Legislation, Animal Welfare Act 2006, Welfare of Farmed Animals (england) Regulations 2007
Criminal Law Administrative Law Animal Welfare Law Time Limits for Prosecution Interpretation of Delegated Legislation Animal Welfare Act 2006 Welfare of Farmed Animals (england) Regulations 2007

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Parties

Staffordshire County Council

Claimant/respondent

Sherratt

Defendant/appellant

Sigley

Defendant/appellant

Procedural Posture

Appeal by Way of Case Stated / Divisional Court Judgment on Appeal From Magistrates' Court

Legal Issues

  1. 1 Whether the extended time limit for prosecution under section 31 of the Animal Welfare Act 2006 applies to offences under the Welfare of Farmed Animals (England) Regulations 2007
  2. 2 Whether offences under the 2007 Regulations are 'offences under the Act' for the purposes of section 31

Ratio Decidendi

The extended time limit for prosecution under section 31 of the Animal Welfare Act 2006 does not apply to offences under the Welfare of Farmed Animals (England) Regulations 2007 because there is no express statutory provision to that effect. The default six-month time limit in section 127 of the Magistrates' Court Act 1980 applies.

Court Disposition

Appeal dismissed

Orders

  • The question posed by the case stated is answered in the affirmative: the District Judge was correct to apply the six-month time limit under section 127 of the Magistrates' Court Act 1980 to offences under the 2007 Regulations.