Letherbarrow v Warwickshire County Council

Animal – Protection. The appellant appealed by way of case stated against his conviction for a number of counts of contraventions of the Animal Welfare Act 2006. The Divisional Court, in dismissing the appeal, held that the prosecution had not failed to comply with the time limits laid down by s 31(1) of the Act. In particular, a certificate under s 31(2) of the Act could be issued after a challenge had been raised in court proceedings, but the certificate was not essential and it was the individual with responsibility for deciding whether a prosecution should go forward whose thoughts and beliefs were relevant.

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