Defence — where person in charge is not in actual custody
28 Defence — where person in charge is not in actual custody
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 —
is a “person in charge” by reason of paragraph (a), (c) or (d), but not paragraph (b), of the definition of that term; and
took reasonable steps to ensure that the animal would be properly treated and cared for.
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 —
is a “person in charge” by reason only of paragraph (d) of the definition of that term; and
did not know, and could not reasonably be expected to have known, that —
the animal was at a place, or in a vehicle, owned or occupied by the person; or
the animal was not being properly treated and cared for.
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