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Keeping pace with changing times


    Foot and Mouth
    Hopefully Foot and Mouth is under control, but in the meantime DEFRA have produced new regulations which we have published. In summary, those in charge of animals or carcases are required to notify infection or suspected infection. A notice of suspicion of disease would then be served on the occupier of the premises or on the person in charge of animals in transit. Following the detection of suspected disease, a Temporary Control Zone (TCZ) must be imposed around the suspect premises (although in practice it would normally cover a 10km radius of the suspect premises as, if disease was confirmed, it would become a Surveillance Zone).

    This would impose a ban on the movement of susceptible animals from and to premises within a TCZ, except in limited circumstances and under licence. After inspection by a Veterinary Inspector the premises will either be declared clear or an infected premises, in which case some signicant measures can be taken. See the regulations for details. (see section 60 of the Animal Health Act 1981 for police powers to stop, detain and examine an animals etc;).

    (Foot and mouth Schedules specific to Wales)

    Game licences
    Amendments to the Game Act 1831, Deer Act 1991 and repeal of the Game Licences Act 1860 removes the requirement to hold a game licence in order to take or kill game and the requirement to obtain a Local Authority licence and excise licence to kill game. The amendments also repeal section 4 of the Game Act under which it was an offence to buy or sell game birds and venison during the close season, permitting game to be sold by everyone all year round provided the animal in question was lawfully killed.

    A new offence has been introduced form 1st August 2007 of selling, offering or exposing for sale, possessing or transporting for the purposes of sale of any game bird that has been killed or taken in contravention of the legislation listed in the new section where the person concerned knows, or has reason to believe, it has been so taken or killed.

    Gambling Act
    Most of the Gambling Act 2005 came into force on 1st September. Some parts were already in force and you can find them all on the database.

    Police regulations
    The Police Regulations 2003 have been updated after amendments by recent Statutory Instruments and Home Office Circulars. These affect quite a number of the determinations and regulations, changes include:- working time regulations, career breaks, guidance on alcohol/drug testing, storage/disposal of fingerprints and incompatible business interests.

    Sneyd v DPP [2006]
    Breath Tests - time of caution/proving calibration of intoximeter

    Abbassy and Another v Commissioner of Police of the Metropolis and Others [1990]
    Information necessary to be given to a person upon arrest without warrant.

    Connor and Others v CC Merseyside Police [2006]
    Requirements for obtaining warrants and detaining suspects.

    R (Mondelly) v Commissioner of Police for the Metropolis [2006]
    Guidance on administration of cautions for possession of cannabis

    Corporate Manslaughter and Corporate Homicide Act 2007
    This Act (which received Royal Assent on the 23rd July) provides that an organisation is guilty of an offence if the way in which its activities are managed or organised causes a person's death and amounts to a gross breach of a relevant duty of care owed by the organisation to the deceased. The meaning of 'organisation' includes a police force and the organisation will be guilty of the offence of corporate manslaughter only if the way in which its activities are managed or organised by its senior management is a substantial element in the breach.

    The Act will come into force on 6 April 2008 and the Ministry of Justice will issue further guidance for organisations affected by the Act in the Autumn. Extension of the offence to deaths in custody will not come into effect on the 6 April, but at a later date. The Government will keep implementation under review.

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