James v The Royal Society for the Prevention of Cruelty To Animals (RSPCA) (Rev 1)

Certification under section 18(5) of the Animal Welfare Act 2006 need not be in writing. An oral certification by a veterinary surgeon can authorise an inspector or constable to take a protected animal into possession.

A criminal court may make compensatory orders for costs and expenses even where the defendant cannot pay in the foreseeable future, provided there is a realistic prospect of payment later. The court must decide whether it is appropriate for the liability to remain outstanding. A collection order may properly be omitted where it would require payment by a date when the defendant lacks the means to pay.

The appellant pleaded guilty before the magistrates’ court to three offences involving unnecessary suffering to horses. The court made orders for costs and reimbursement of expenses totalling approximately £38,644, but made no collection order. The Crown Court dismissed her appeal.

On appeal by way of case stated, the High Court considered whether section 18(5) of the Animal Welfare Act 2006 required written veterinary certification, and whether compensatory orders could be made without a collection order where payment was not foreseeable but might become possible later.

1. Veterinary certification. The word “certifies” in section 18(5) of the Animal Welfare Act 2006 had to be construed in context. Although it conveyed a degree of formality, section 18(10), referring to issuing a certificate, did not require the certificate to be written. The statutory purpose of promoting animal welfare and relieving animals in distress supported a construction permitting oral certification where the veterinary surgeon was present but written documentation was impracticable. The answer to the first question was therefore yes.
2. Section 18(6) did not require a different result. It addressed cases where an inspector or constable acted before a veterinary surgeon arrived and without waiting for a certificate. It did not prevent action after the veterinary surgeon had arrived and certified orally that the animal was suffering.
3. Costs and expenses. Orders for costs under section 18(1) of the Prosecution of Offences Act 1985 and reimbursement of expenses under section 18(13) of the Animal Welfare Act 2006 were compensatory rather than punitive. The sentencing court had to make a judgment on the facts as to whether the prosecutor’s interest in recovery outweighed the burden of a substantial liability remaining outstanding for years.
4. Such orders should not be made for sums which the defendant is unable to pay. That did not preclude an order where there was a real basis for believing that the defendant might later acquire the means to pay. The possibility of eventual payment could properly remain outstanding if the court realistically considered that the defendant might then have sufficient resources.
5. Under paragraph 12(1) of Schedule 5 to the Courts Act 2003, a collection order was inappropriate where the defendant had no means to pay within a foreseeable period and the order would purport to specify an unrealistic payment date. Once no collection order was made, enforcement as a civil debt afforded protection, including the county court’s power to stay enforcement under section 71(2) of the County Courts Act 1984.
6. The second question was answered yes. The issue whether it was appropriate for the liability to remain outstanding in the appellant’s particular circumstances was remitted to the Crown Court. There was no order as to the costs of the High Court appeal.

• High Court (Administrative Court): answered both questions posed by the Crown Court in the affirmative and remitted the appellant’s case to the Crown Court for reconsideration of whether the compensatory liability should remain outstanding.
• Hull Crown Court: dismissed the appellant’s appeal against the magistrates’ order for costs.
• Goole Magistrates’ Court: imposed community orders, deprivation and disqualification orders, and an order for costs and expenses, without a collection order.