Rights of Gardai to tresspass

Discodog

There is a story in the Galway Advertiser about a man having his conviction for animal cruelty overturned on appeal because the GSPCA inspector did not have permission to be on the land.

If the inspector had been accompanied by a Guard does the Guard have the right to enter the land if he believes that a crime may of been committed ?

FreudianSlippers

Protection of Animals Act 1911 is, AFAIK, the relevant legislation on this. On my phone and can't seem to find a good readable copy at the moment... but i'd imagine it's a hybrid offence and the cops should be able to enter with reasonable suspicion.

Discodog

I know the PoA Act fairly well but I don't recall anything that covers the right of a guard to enter private land. Does the requirement for warrants with buildings also apply to entering land ?

MagicSean

I'm rusty on my animal offences knowledge but from what i remember there were two seperate acts which allowed Gardaí to enter property, one to check on horses and one to check on dogs. Can't for the life of me remember what they are though.

later12

(Part 3) Section 29, Control of Horses Act 1996?

http://www.irishstatutebook.ie/1996/en/act/pub/0037/sec0029.html

MagicSean

later10 wrote: »

(Part 3) Section 29, Control of Horses Act 1996?

http://www.irishstatutebook.ie/1996/en/act/pub/0037/sec0029.html

Section 34

Discodog

But the Control of Horses Act only covers horses in a few designated controlled areas. I am trying to find out if a Guard can enter a field without a warrant in any area.

Milk & Honey

No one has a right to trespass. By definition trespass to land involves going onto land where a person does not have either a legal right to do so. If someone has a statutory right to enter land they are not trespassing when they go onto the land.

Our man in Havana

GSPCA inspector did not have permission to be on the land.

Indeed, as the person has no status beyond that of a private citizen despite what they like to think.

Discodog

Our man in Havana wrote: »

Indeed, as the person has no status beyond that of a private citizen despite what they like to think.

But does a Guard have the right ? Would the GSPCA of been in this situation if a Guard had accompanied the inspector ?

The reason that I am raising this is because there has been a huge issue with abandoned horses. It is usually impossible to assess the condition of these animals without venturing onto the land. Often it is not even known who owns the land.

In such a case can a Guard enter or give authority for someone else to enter to check on the condition of the animals ? They may of been a crime committed but until you trespass you cannot be sure.

The RSPCA also have no status but the UK police back them 100% so it is not an issue.

234

The default position is that a garda has implied permission to come onto property to carry out his duty (DPP v Forbes; DPP(Riordan) v O'Malley). Even where this permission is revoked arrests can stand if they are affected in a non-violent manner (DPP v Corrigan).
However, the admissibility of any evidence would be another matter all together.

Discodog

It does seem amazing that a criminal offence could of been committed contrary to the Protection of Animals Act but a prosecution is impossible because no one has the right to enter the land & examine the animals.

Our man in Havana

You need to lobby your TD's for changes in the law.