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The Animal Welfare Act 2006 applies to protected animals and animals for which a person is responsible (which includes owning or being in charge of). It is an offence to cause unnecessary suffering to any such animal.


An animal is protected for the purposes of the Act if and only if:


(a) it is of a kind which is commonly domesticated in the British Islands,

(b) it is under the control of man whether on a permanent or temporary basis, or

© it is not living in a wild state.


That would seem to exclude a squirrel.


It is an offence under the Act to cause an animal fight to take place, where ?animal fight? means "an occasion on which a protected animal is placed with an animal, or with a human, for the purpose of fighting, wrestling or baiting". I think that would not include a dog's chasing and killing a squirrel.


The only reference within the Act to wild mammals (other than those to the Dangerous Wild Animals Act 1976) is a clause amending the Wild Mammals (Protection) Act 1996. That clause simply defines redefines wild mammals as 'any mammal which is not a ?protected animal? within the meaning of the Animal Welfare Act 2006?'.


The Wild Mammals (Protection) Act 1996, s.1 reads:


"If, save as permitted by this Act, any person mutilates, kicks, beats, nails or otherwise impales, stabs, burns, stones, crushes, drowns, drags or asphyxiates any wild mammal with intent to inflict unnecessary suffering he shall be guilty of an offence."


So proof of intent to inflict unnecessary suffering to the squirrel would be necessary to obtain any conviction. That would probably require compelling evidence, in examination and cross-examination, from more than one witness, as to the intent of the person in charge of the dog.


The Dangerous Dogs Act 1991 makes it an offence to be in charge of a dog dangerously out of control in a public place. It has to be proved that a *person* has been injured by it, or put in fear or apprehension that they might be injured by it. That would exclude a dog's chasing and injuring a squirrel.


The Dogs Act 1871 provides for the making of a complaint to a magistrate that a dog is dangerous and not under proper control, and empowers the court to order that the dog be destroyed or kept under specified proper control. For the purposes of this Act, "dangerous" can include being a danger to other animals. Any breach of the order can be dealt with under the Dangerous Dogs Act.


As has been said here before, it seems that it's only the Dogs Act 1871 that has any possible specific application in cases, like this one, where a dog injures another animal, unless intent to inflict suffering can be proved.


http://www.defra.gov.uk/publications/files/dogs-guide-enforcers.pdf (PDF, 160 kilobytes) provides a useful summary.

Thanks to all that also think it is barbaric.I have been informed by the police that he will be questioned if I see him again I have been told to call the police. The RSPCA said he broke sereral laws,and the parks by laws, and yes grey squirrels are protected under quite a few different laws. He stood two feet away and watched his dog savage the squirrel.He chose to let his dog do this, he got some sort of thrill out of it. When I confronted him he laughed and said they are vermin. There has been several incidences, a woman shaking a small tree while the dog waited underneath, in the hope the poor thing would fall, another with three small dogs and he often puts his terrier in the trees. I asked him if he lets his dogs kill squirrels, he said yes they've caught about twenty so far, so this is not a one of , it is a regular thing. Why don't they buy there dogs a ball. These people need to take a long hard look at theirselves, as they are just like the scum who organises dog fights. I am now ready to get evidence by filming as requested by police. I also had my brother as a witness and the two horrified kids who witnessed it too. thanks all, my faith has been restored .
Delainie, I agree that you were right to post about these people's cruel and barbaric behaviour and I am sorry that you've been accused of trolling. Dogfights are deplorable, but a dog is fighting a dog. Siccing a dog on a squirrel (or even a rat) is just wickedness.
Dogfights are deplorable, but a dog is fighting a dog. Siccing a dog on a squirrel (or even a rat) is just wickedness.


Whereas, training dogs to tear each other apart (not because they instinctively want to as some people believe) for one's financial gain is perfectly acceptable?


What about "dogfights are deplorable" suggests that civilservant thinks they're "perfectly acceptable"? I'm confused.


Some people enjoy watching suffering and death. These are the same freaks who probably watched the Daniel Pearl video, or the Saddam execution and thought it was cool.

Thank you, Otta.


Tallulah, can I say that I think dogfights, catfights, cockfights, bullfights, cagefights, [add your fave fight here] are ALL deplorable.


So... the point that I was trying to make is that when dog fights dog, or mouse fights mouse, the fighters are (usually) picking on someone their own size. Or being made to pick on someone their own size.

Any fight in which someone is outclassed by their opponent e.g. squirrel against dog, is not a fair fight, and is therefore worse than deplorable - and anyone who promotes it is wicked.


AND I said that Delainie was perfectly right to write about it on the forum and should not have been accused of trolling


OK?

Oh dear - no need for apology, humble or otherwise - I was just a bit worried about being lumped in with the hunting, shooting and squirrel-baiting brigade.


Anyway - we met a squirrel in Peckham Rye Park this morning. He was very tame and stood up and begged, even though we had a dog (on a lead) with us! Silly squirrel. Some passing girls went 'awww' and even took snaps.

The squirrels in Battersea Park, Hyde Park and St James's Park do the same - beg, I mean, not take snaps. There used to be one who had his regular pitch at the Queen Anne's Gate entrance to St James's Park.


Given that all these squirrels get away with it in other parks, are park-goers in Dulwich more brutish than in Peckham or Central London (wonders civilservant, inviting further controversy...)



AND In fairness, I did only suggested that she was engaged in a little lite-trolling ( the one without mayo & extra cheese )


[quote name=I'm almost given to think that this whole thing is a lite-trolling exercise. Incendiary phrase & words wedged in-between seemly legitimate concerns and commendable actions only reinforce my feeling on this one]



AND given her rant on "class, social housing, testicles, education and the likes" I stand by what I wrote, it was appropriate in my view following her OP


AND you'll note, in her later post she's reigned back on all that class-war nonsense and stuck with the subject, which is commendable



Lastly, she hasn't (to my knowledge) complained about/referred to the accusation herself, has she ?


NO


*flicks hair*



Nette:-S(tu)

AC, my turn to apologise

I speak as a humble admirer of your wit, wisdom and general guard-doggery against forum trolls, lite or otherwise


Group hug, everyone (except the nasty people who set their dogs on smaller animals).


Have a good weekend yourself!

On the subject of squirrels,I could not believe my eyes on Thursday morning, as looking out of my window in East Dulwich Grove I saw a red squirrel jumping around my pond. I have seen several such squirrels in the Lake District but never in London. I just wondered if anyone else has seen a red squirrel in the local area as I presume that if there was one there must be more !

Harry Wrote:

-------------------------------------------------------

> On the subject of squirrels,I could not believe my

> eyes on Thursday morning, as looking out of my

> window in East Dulwich Grove I saw a red squirrel

> jumping around my pond. I have seen several such

> squirrels in the Lake District but never in

> London. I just wondered if anyone else has seen a

> red squirrel in the local area as I presume that

> if there was one there must be more !


xxxxxx


There are almost certainly no red squirrels in East Dulwich.


What you almost certainly saw was a grey squirrel with reddish fur, as sometimes happens.


Sorry to disappoint you :)


See the East Dulwich Nature Watch thread :)

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