How the RSPCA investigates complaints of animal cruelty
The RSPCA has been investigating offences and enforcing the law relating to animals since its inception in 1824. Investigations are carried out by its inspectors, who work closely with the police, local authorities, and state veterinary service.
The RSPCA is highly regarded for its work by other enforcement agencies. During the Environment, Food and Rural Affairs Select Committee’s inquiry into the Animal Welfare Bill the Association for Chief Police Officers (ACPO) expressed its support for the work of the RSPCA:
“At the moment almost all of the welfare work is done by the RSPCA with police support where required...were the RSPCA, as a charity, to decide next week not to do this work anymore none of the rest of us in the public service could pick it up. Animal welfare would not be furthered; it would be significantly disadvantaged.”
RSPCA investigations are almost invariably prompted by a telephone call from a member of the public concerned about the plight of an animal. A RSPCA inspector will respond by making a visit in person. RSPCA inspectors have worn a uniform since 1824 to make them readily identifiable to the public (five years before the first police force). In the vast majority of cases the problem, if there is one, can be resolved by the giving of advice.
If it appears that it cannot be resolved through advice, or that a serious offence has been committed, the inspector will consult a vet/expert and ask their opinion of the animal’s condition. If they believe that the animal is suffering then further action is taken. Where owners do not co-operate or refuse entry to their property, the RSPCA has to call on the assistance of the police. The RSPCA have no special powers for entry or search and seizure.
If RSPCA inspectors find that an offence does appear to have been committed they will caution the suspect in accordance with the Police and Criminal Evidence Act 1984 (PACE). As with any criminal investigation suspects are told that they are able to seek legal advice and are also given the option to have their animal examined by a vet/expert of their choice in order to seek an alternative opinion on the animal’s condition. Once the investigation is completed the file is sent to the RSPCA’s Prosecutions Department who consider the Code for Crown Prosecutors to decide whether sufficient evidence exists to bring a prosecution and whether there is a public interest in prosecuting.
Every member of the public (in England and Wales) has a common law (i.e. non-statutory) right to bring a private prosecution in respect of a breach of the criminal law. It is on this basis that the RSPCA brings private prosecutions for cruelty to animals. The RSPCA has built up specialist knowledge over the 186 years it has been investigating and prosecuting animal cruelty.
The RSPCA’s Prosecutions Department does not prosecute unless there is just cause and considers the Code for Crown Prosecutors test of public interest before deciding whether to prosecute. Only a small percentage of the cases the RSPCA investigates end in prosecution. In 2009 RSPCA inspectors investigated more than 141,000 complaints of animal cruelty and neglect. Of the 2,554 people reported to the RSPCA’s Prosecutions Department only 1,173 were actually prosecuted by the RSPCA, representing less than one per cent of the complaints investigated. As a result, the Society has a very high success rate. In 2009, 98.2 per cent of its prosecutions were successful.