Cornwall County Council v Baker

Cornwall County Council v Baker

The interim powers under section 2 of the Protection of Animals (Amendment) Act 2000 apply only to the animals which are the subject of the criminal proceedings, not to any other animals kept by the owner for commercial purposes.

Parties
Claimant: Cornwall County Council; Defendant: Roger Norman Baker
Jurisdiction
England and Wales
Judgment Date
18 February 2003
Procedural Posture
Prosecutor's Appeal by Way of Case Stated / Judgment
Outcome
appeal dismissed
Legal Topics
Interim Powers Under Protection of Animals (amendment) Act 2000, Scope of Court Intervention Before Conviction, Definition of 'animals in Question'
Animal Welfare Criminal Law Statutory Interpretation Interim Powers Under Protection of Animals (amendment) Act 2000 Scope of Court Intervention Before Conviction Definition of 'animals in Question'

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Parties

Cornwall County Council

Claimant

Roger Norman Baker

Defendant

Procedural Posture

Prosecutor's Appeal by Way of Case Stated / Judgment

Legal Issues

  1. 1 Whether the interim powers under section 2 of the Protection of Animals (Amendment) Act 2000 apply only to animals subject to prosecution or to any animals kept by the owner for commercial purposes

Ratio Decidendi

The interim powers under section 2 of the Protection of Animals (Amendment) Act 2000 apply only to the animals which are the subject of the criminal proceedings, not to any other animals kept by the owner for commercial purposes.

Court Disposition

appeal dismissed