ANIMAL WELFARE ACT 2002 - SECT 28
ANIMAL WELFARE ACT 2002 - SECT 28
28 . Defence — where person in charge is not in actual custody
(1) It is a defence to
a charge under section 19(1) committed in circumstances described in
section 19(3)(d), (e), (f) or (h) for a person to prove that the person
—
(a) is a
“person in charge” by reason of paragraph (a), (c) or (d), but not
paragraph (b), of the definition of that term; and
(b) took
reasonable steps to ensure that the animal would be properly treated and cared
for.
(2) It is a defence to
a charge under section 19(1) committed in circumstances described in
section 19(3)(d), (e), (f) or (h) for a person to prove that the person
—
(a) is a
“person in charge” by reason only of paragraph (d) of the
definition of that term; and
(b) did
not know, and could not reasonably be expected to have known, that —
(i)
the animal was at a place, or in a vehicle, owned or
occupied by the person; or
(ii)
the animal was not being properly treated and cared for.