Consultation proposals
1. Do you agree that the introduction of proportionate fixed penalty notices would improve the enforcement of animal health offences?
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Yes
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No
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Don't know
Please explain the reasons for your answer
Fixed penalty notices should only be considered for what are deemed to be lesser offences. Such as failure to properly identify livestock (tagging) appropriate record keeping.
The Scottish SPCA is not involved in enforcing the Animal Health Act 1981, this is reserved to APHA and Local Authorities. Over the years both APHA and all Local Authorities have suffered from both budget and staff cuts. The potential to use fixed penalty notices in the appropriate circumstances would allow these authorities to deal with certain cases in an effective manner without having the costly exercise of preparing a report for the Procurator Fiscal service, who would in most cases probably not proceed to court proceedings, due to the offence being classed as minor.
Fixed penalty notices would allow the appropriate authority to impose a fine and record misdemeanors. Very few offenses that fall into this category would ever be taken to court due to the overall low risk involved and the demands on the Procurator Fiscal service and the Scottish Courts.
The possibility of fixed penalties should also be considered to take into account the amount of time that is taken in preparing reports to the Procurator Fiscal and for the COPFS to deal with them.
In reality the level of the offence does not alter the level of evidence required for a successful prosecution.
Failure to identify livestock is an offence and could be dealt with bu way of a fixed penalty, unless inappropriate identification is being used in a fraudulent manner, to allow livestock animals to enter the food chain.
No person should ever receive more than 1 fixed penalty notice for the same offence, given that a person has to admit to the misdemeanor to accept and pay a fixed penalty, repeated offence for the same issue should be reported to the Procurator Fiscal as any defense of ignorance would be invalid having previously admitted to the previous similar offence and paid a fine.
There would have to be a process to deal with people who fail to pay the fixed penalty, similar to speeding fines, if a person does not pay within a prescribed period of time, the amount of the fine is increased. In the event of any dispute an appeals process would have to be made available.
The Scottish SPCA is not involved in enforcing the Animal Health Act 1981, this is reserved to APHA and Local Authorities. Over the years both APHA and all Local Authorities have suffered from both budget and staff cuts. The potential to use fixed penalty notices in the appropriate circumstances would allow these authorities to deal with certain cases in an effective manner without having the costly exercise of preparing a report for the Procurator Fiscal service, who would in most cases probably not proceed to court proceedings, due to the offence being classed as minor.
Fixed penalty notices would allow the appropriate authority to impose a fine and record misdemeanors. Very few offenses that fall into this category would ever be taken to court due to the overall low risk involved and the demands on the Procurator Fiscal service and the Scottish Courts.
The possibility of fixed penalties should also be considered to take into account the amount of time that is taken in preparing reports to the Procurator Fiscal and for the COPFS to deal with them.
In reality the level of the offence does not alter the level of evidence required for a successful prosecution.
Failure to identify livestock is an offence and could be dealt with bu way of a fixed penalty, unless inappropriate identification is being used in a fraudulent manner, to allow livestock animals to enter the food chain.
No person should ever receive more than 1 fixed penalty notice for the same offence, given that a person has to admit to the misdemeanor to accept and pay a fixed penalty, repeated offence for the same issue should be reported to the Procurator Fiscal as any defense of ignorance would be invalid having previously admitted to the previous similar offence and paid a fine.
There would have to be a process to deal with people who fail to pay the fixed penalty, similar to speeding fines, if a person does not pay within a prescribed period of time, the amount of the fine is increased. In the event of any dispute an appeals process would have to be made available.
2. Different fixed penalty notice regimes exist. Which fixed penalty notice regime do you think should be used for animal health offences?
Please explain the reasons for your answer and what regime you would propose
Currently fixed penalty notices are available for offences ranging from dog fouling to traffic offences.
For simplicity, the best model would be similar to penalties for motoring offences such as speeding, these must be paid within a set time period or can result in the matter being referred for prosecution.
Without the possibility of a higher sanction, many people would fail to acknowledge or pay a fixed penalty.
For simplicity, the best model would be similar to penalties for motoring offences such as speeding, these must be paid within a set time period or can result in the matter being referred for prosecution.
Without the possibility of a higher sanction, many people would fail to acknowledge or pay a fixed penalty.
3. Are there any other amendments that could be made to the Act that you think will help to improve animal health? For example, amendments that may improve disease control, disease preparedness, biosecurity or animal movements.
Please explain the reasons for your answer and what you would propose
Simplification of reporting and recording systems.
About you
What is your name?
Name
Michael Flynn
Are you responding as an individual or an organisation?
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Individual
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Organisation
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Organisation
Scottish SPCA