Tongue v RSPCA [2017] EWHC 2508 (Ch) – S 19 PACE – PAA – (AWA) - bailment.
1) constable may not seize anything from premises pursuant to s 19(3) PACE unless, as required by s 19(1), he is physically on the premises.
- seizure (of animals) as evidence not “necessary” where photograph would suffice.
2) law of bailment not applicable to recover expenses incurred in caring for another’s property (animals) when removed from his land without consent.
undefined: unpaid
Related case digests
- Worcestershire County Council v Tongue [2004] EWCA Civ 140 - PAA - S 222(1)(a) LGA - s 37 SCA.
- local authority can obtain injunction under s 222 to restrain breach of criminal law. - but, cannot use it to obtain, from the civil courts, powers not granted by criminal law.