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Rights of Entry & Warrants

  • 28-02-2010 12:08PM
    #1
    Discodog
    Registered Users, Registered Users 2 Posts: 16,093 ✭✭✭✭


    I would like to know a Garda perspective on this. An Animal Cruelty Inspector needs to access a property to determine if an animal is being ill treated. He cannot be sure until he can see the animal. As he has no powers he calls for Garda assistance.

    What rights, if any, would the Guard have to enter the premises or garden/grounds or to allow the Animal Inspector to enter ?.

    If a warrant was required would the Guard apply for it & would the Animal Inspector need to give evidence of a possible crime - which of course he could not as he has not been allowed to see the animal ?.


Comments

  • #2
    [Deleted User]
    Posts: 2,263 ✭✭✭ [Deleted User]


    There is a warrant or right of entry available to Gardai. Can't remember what it is, have it in my locker in work. But there is something available.


  • #3
    Locust
    Registered Users, Registered Users 2 Posts: 319 ✭✭Locust


    I know for dogs - Gardai have full rights under Section 26 of the Control of Dogs Act 1986 which authorises a member of the Garda Siochana to enter a premises if they have reasonable grounds to believe there's a dog in there that has attacked someone or other animals or worried someone or other animals and they can do so by force - break doors, cut padlocks etc... They can seize the animal for examination. I think Gardai have all the powers of Animal/Dog warden etc...
    So yes a guard can apply for it and he just needs 'reasonable grounds to believe' so that reasonable grounds could be a multitude of things from evidence of the animal at the house, witnesses, confidential sources, complainants, dog wardens may survey the premises etc.


  • #4
    Discodog
    Registered Users, Registered Users 2 Posts: 16,093 ✭✭✭✭Discodog


    But that it for potentially dangerous dogs & is covered by the Control of Dogs Act. I am talking about a case of possible cruelty to the animal. This would under the Protection of Animals Act 1911.


  • #5
    Locust
    Registered Users, Registered Users 2 Posts: 319 ✭✭Locust


    Control of Dogs Act 1986 replaces and updates a chunk of the Protection of Animals Act 1911.

    Dangerous Dogs are not mentioned in the Section 26 Warrant it just says 'dog' i'd imagine a dog that is being treated cruelly would be well likely to snap or attack people.
    Also:
    European Communities (Amendment of Cruelty to Animals Act 1876) Regulations 2002 - Section 10 also has a similar warrant for Gardai/Animal Inspectors to enter and seize animals that are being tortured/experimented on.


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