RCVS Council approves trial for private prosecutions protocol

A new trial protocol for launching private prosecutions against unqualified individuals breaching the Veterinary Surgeons Act was approved by RCVS Council at its March meeting.

The trial period, which will start from 1 April 2023, was approved by Council members on Thursday 16 March and will, via the new protocol, set out how we can launch private prosecutions through the criminal courts against individuals where there is evidence they have been breaching the Veterinary Surgeons Act.

Under the protocol trial, we can launch private prosecutions in respect of two specific aspects of the Veterinary Surgeons Act: Section 19 relates to breaches of the restriction of the practice of veterinary surgery by unqualified individuals (not including those with exceptions under Schedule 3 of the Act) and Section 20 relating to prohibition of use of the title veterinary surgeons by unqualified individuals.

Where identified breaches of the Veterinary Surgeons Act may cross over to other criminal offences, for example, fraud by false representation, then these cases will be more properly dealt with by the relevant police force. Local authority trading standards agencies will also deal with issues around, for example, misleading courses that purport to lead to registration with the RCVS but do not; concerns about dog grooming businesses and concerns about dog breeding establishments (other than where there is illegal practice of veterinary surgery by unqualified persons).

Eleanor Ferguson (pictured), our Registrar and Director of Legal Services, said: “This protocol recognises that there are constraints on the time, resourcing, and budgets of both the police and public prosecutors which means that the pursuit of these breaches of the Veterinary Surgeons Act, both of which carry minor criminal penalties, is not necessarily a priority.

"While we are always willing to work with the police and other agencies to pursue such breaches, the protocol details how we can act independently where appropriate and ensure we are fulfilling our stated ambition to safeguard the interests of the public and animals, as well as the reputation of the professions, by ensuring that only those registered with us can carry out acts of veterinary surgery.

“We would like to manage expectations around this trial period as we will only be launching private prosecutions where they meet the criminal evidential standards of ‘beyond a reasonable doubt’ and it is judged to be in the public interest to do so. We will also be relying on members of the professions and the public to report breaches and provide sufficient evidence to us, as we have no statutory investigatory powers.”

The trial period will last for one year and we have set aside £50,000 to pursue private prosecutions. The trial will be overseen by the Disciplinary Committee/ Preliminary Investigation Committee Liaison Committee while decisions on whether to pursue private prosecutions will lie with the Registrar/ Director of Legal Services.

Suspected breaches of the Veterinary Surgeons Act can be reported to our Professional Conduct Department on [email protected]