Royal Society for the Prevention of Cruelty To Animals (RSPCA), Regina (on the Application Of) v The Secretary of State for Environment, Food and Rural Affairs: Admn 7 Oct 2008

The Society sought judicial review of the 2006 Regulations allowing the last resort killing of poultry by shutting off ventilation so as to lead to hypothermia or organ failure.
Held: The European Directive required appropriate measures to kill animals as soon as possible and, in any event, before they regained consciousness and to not interfere with them until after death. Those were requirements directed to means and not as to the success of such means or a guarantee that death would ensue in every case without more from unconsciousness. The clear objective of the Regulations was to protect public health, and the provision was proportionate to the risks. The objection failed.
Auld J
[2008] EWHC 2321 (Admin), [2009] PTSR 730
Bailii, Times
Welfare of Animals (Slaughter or Killing) (Amendment) (England) Regulations (SI 2006 No 1200), Welfare of Animals (Slaughter or Killing) Regulations (SI 1995 No 731), Council Directive 93/119/EC
England and Wales

Updated: 25 August 2021; Ref: scu.277016