How we decide to prosecute
To ensure we command and maintain public confidence, prosecutions are only brought by the RSPCA following a consistent, fair and independent review of the evidence by our prosecutions team.
Illustration of The Trial of Bill Burn under Martin's Act
by artist P. Mathews
- the first prosecution under animal welfare legislation in the UK -
Our prosecutions team:
- review the evidence in the case files submitted by our inspectors
- work with our inspectors to resolve evidential or legal issues concerning cases
- make the decision whether or not to prosecute individuals accused of offences relating to animals
- instruct independent solicitors and barristers where necessary to further advise and present cases at court.
The Code for Crown Prosecutors
The RSPCA's approach to prosecution reflects the principles of The Code for Crown Prosecutors.
The Code is a public document issued by the Crown Prosecution Service (CPS) that sets out the general principles to be applied when making decisions about prosecutions.
You can read the Code in full at: www.cps.gov.uk
There are two stages to the Code.
- Evidential test
Is there sufficient evidence ‘to provide a realistic prospect of conviction against each defendant and on each charge’?
- Public interest test
Where there is enough evidence, is it in the public interest to prosecute?
If a case file does not meet these tests, then the RSPCA will not prosecute.
Learn more about how we use the CPS' Code when deciding whether or not to prosecute:
Using The Code for Crown Prosecutors (PDF 24.9KB)
Will animals benefit?
From our point of view, we also consider if there is a benefit to animal welfare by prosecuting.
In order to protect animals from future harm, our priority in many prosecution cases is for people who are convicted to be banned from keeping animals.*
This can only happen if a conviction is secured and the court decides that such a ban is appropriate.
When a conviction is secured, the court is then able to permanently confiscate animals.
If signed over to RSPCA care, we provide rehabilitation for the animals where we can so that they are ready for rehoming and the chance to start a happy new life.
Animals like Maggie May, who endured a tremendous amount of suffering at the hands of her previous owner and his friends.
But miraculously she survived and is now enjoying a much happier life with her new family.
Read more of our cruelty case studies.
*The term 'banned from keeping animals' means being disqualified from owning, keeping, participating in the keeping or being party to an arrangement which entitles a person from having control or influence over the way animals are kept.
Our success in courts by following Code
All prosecutions are conducted by independent solicitors, who also review the evidence against the CPS’ Code and will advise if they are not satisfied that the criteria for a prosecution has been met.
It is by following this Code that we are able to achieve a good success rate in the magistrates' courts, which increased to an impressive 98.2 per cent in 2011.
You can read more about our prosecution statistics in our Prosecution annual report 2011 (PDF 3.19MB) .
