Staffordshire County Council v Sherratt & Anor

Staffordshire County Council v Sherratt & Anor

There is no express provision in either the Animal Welfare Act 2006 or the Welfare of Farmed Animals (England) Regulations 2007 extending the section 31 time limit to offences under the Regulations. Therefore, the default six-month time limit under section 127 of the Magistrates' Court Act 1980 applies.

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 / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Time Limits for Prosecution, Delegated Legislation, Jurisdiction of Magistrates' Courts
Criminal Law Animal Welfare Law Statutory Interpretation Time Limits for Prosecution Delegated Legislation Jurisdiction of Magistrates' Courts

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Parties

Staffordshire County Council

Claimant/respondent

Sherratt

Defendant/appellant

Sigley

Defendant/appellant

Procedural Posture

Appeal by Way of Case Stated / Judgment on Appeal

Legal Issues

  1. 1 Whether offences under the Welfare of Farmed Animals (England) Regulations 2007 are subject to the extended time limit for prosecution under section 31 of the Animal Welfare Act 2006 or the default six-month limit under section 127 of the Magistrates' Court Act 1980

Ratio Decidendi

There is no express provision in either the Animal Welfare Act 2006 or the Welfare of Farmed Animals (England) Regulations 2007 extending the section 31 time limit to offences under the Regulations. Therefore, the default six-month time limit under section 127 of the Magistrates' Court Act 1980 applies.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • The District Judge's application of the six-month time limit under section 127 of the Magistrates' Court Act 1980 is affirmed.