Letherbarrow v Warwickshire County Council

Letherbarrow v Warwickshire County Council

The statutory time limit under section 31(1)(b) of the Animal Welfare Act 2006 begins when the individual with responsibility for prosecution (here, Ms Faulkner) decides that sufficient evidence exists to justify proceedings. The informations were laid within six months of that date, and the certificate issued under section 31(2) was valid. The magistrates did not err in accepting the certificate or in their approach to the time bar.

Parties
Appellant: David Letherbarrow; Respondent: Warwickshire County Council
Jurisdiction
England and Wales
Judgment Date
15 December 2014
Procedural Posture
Criminal Appeal (case Stated) / Judgment on Appeal
Outcome
appeal dismissed; conviction upheld
Legal Topics
Prosecution Time Limits, Interpretation of 'prosecutor', Animal Welfare Act 2006, Issuance and Effect of Certificates Under Statutory Provisions
Criminal Law Animal Welfare Law Administrative Law Prosecution Time Limits Interpretation of 'prosecutor' Animal Welfare Act 2006 Issuance and Effect of Certificates Under Statutory Provisions

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 7 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

David Letherbarrow

Appellant

Warwickshire County Council

Respondent

Procedural Posture

Criminal Appeal (case Stated) / Judgment on Appeal

Legal Issues

  1. 1 Whether the informations were laid within the statutory time limits under section 31(1) of the Animal Welfare Act 2006
  2. 2 Whether the date of knowledge for the purposes of section 31(1)(b) is determined by the collective knowledge of the prosecuting authority or the individual decision-maker
  3. 3 Whether a certificate under section 31(2) can be issued after a challenge is raised

Ratio Decidendi

The statutory time limit under section 31(1)(b) of the Animal Welfare Act 2006 begins when the individual with responsibility for prosecution (here, Ms Faulkner) decides that sufficient evidence exists to justify proceedings. The informations were laid within six months of that date, and the certificate issued under section 31(2) was valid. The magistrates did not err in accepting the certificate or in their approach to the time bar.

Court Disposition

appeal dismissed; conviction upheld

Orders

  • Appellant to pay £6,000 inclusive of VAT towards prosecution costs