Training

Course Outline;
The Fraud Act - overview of offences
Similarities and differences with regulatory offences - comparison with the Consumer Protection From Unfair Trading Regulations, consideration of appropriate charges. Unique offences under the Fraud Act.
Mens Rea, dishonesty and deception. Consideration of R v Ghosh and other relevant caselaw. 
Dishonesty directions to jury, crossing the dishonesty threshold, proving dishonesty, practical exercises.
The Fraud Act and the Theft Act - similarities and differences
Application of the Fraud Act to Trading Standards investigations. Dishonesty vs lack of diligence.
Rogue Trader offences and the Fraud Act - case studies and scenarios
Section 3 of the Fraud Act and failure to issue cancellation rights.
Abuse of Positions of Trust, what is a `duty of care`, definition of Fiduciary Duty, application of Section 4 of the Fraud Act, case study
Fraudulent Trading. Case studies and required evidence. Application, overlap with the Companies Act.

Course Programme:
·         9.00 Registration and coffee
·         9.30 Introductions.
·         9.45 Criminality in the Consumer Landscape of High Impact. When is a regulatory breach not enough?
·         10.00 Application of the Fraud Act to Trading Standards investigations. Dishonesty vs lack of diligence. The pros and cons of pursuing offences under the Fraud Act as opposed to consumer legislation. Use of statutory powers.
·         10.30 Key offences under the Fraud Act which relate to Trading Standards Investigations. Sections 2, 3, 4, 6, 7 and 9. Overlap with the Companies Act.
·         11.00 Key offences under the Theft Act.
·         11.15 Coffee
·         11.30 Mens Rea, dishonesty and deception. Consideration of R v Ghosh and other relevant caselaw. Dishonesty directions to jury, crossing the dishonesty threshold, proving dishonesty, group discussion.
·         12.15 Similarities and differences between the Fraud Act and regulatory offences - comparison with the Consumer Protection From Unfair Trading Regulations, consideration of appropriate charges. Unique offences under the Fraud Act.
·         13.00 Lunch
·         13.45 Rogue Trading and the Fraud Act - case studies and group scenarios.
·         14.45 Abuse of Positions of Trust, what is a `duty of care`, definition of Fiduciary Duty, application of Section 4 of the Fraud Act, case study
·         15.15 Coffee
·         15.30 Fraudulent Trading. Case studies and required evidence. Group scenarios.
·         16.15 Questions
·         16.30 Course Close

The course will serve as an initial and refresher training; however, it is advisable for delegates to have about 6 months experience of working in this capacity. Although this course is not a specific DCATS revision course, delegates may find this course of benefit in preparation for the Animal Health and Welfare DCATS exam as the course will cover some of the elements found in the Animal Health and Welfare DCATS syllabus.

AIMS:
- To explain the role of the Local Authority within the framework of controls exercised through animal health and welfare legislation at national, regional and local levels.
- To provide an understanding of the inspection, licensing and enforcement duties undertaken.
- To review the provisions of that legislation which promotes animal health and welfare and to commence a study of the most important areas of control undertaken.

OBJECTIVES:
On completion of this course the participant should be able to:
• Understand the framework of Animal Health and Welfare and legislation and its importance and position within the Local Authority system.
• Appreciate the benefits of a good line of communication between the Local Authority Inspectors and the Animal Health Agency.
• Appreciate and develop the team approach needed between the various agencies involved in co-ordinating the enforcement of Animal Health and Welfare legislation.
• Interpret and enforce the major disease control orders and regulations.
• Interpret and enforce the relevant welfare legislation.
• Give advice to the relevant business community on compliance with the major orders and regulations that affect the daily routine in Animal Health and Welfare.
• Undertake duties and inspections in connection with the statutory marketing, transportation and licensing functions.To confirm your place:
• Visit www.centsa.org.uk
• All users need usernames and passwords. To request an account please click ‘log in' and ‘Request an Account'. You will receive your login details within 24 hours.
• Once logged in, select "Book" and submit the form.
• You will receive confirmation of your booking by email. If not, please check spam or call the number below to ensure your booking has been received.
• Full joining instructions will be sent two weeks prior to the start of the course.
• Following the course, delegates will need to log in to complete the course evaluation and download the CPPD certificate.

For further information please contact Nick Harrison CEnTSA Regional Policy Co-ordinator on nickharrison@warwickshire.gov.uk or tel: 01926 414058

COURSE DELEGATES ARE REQUIRED TO BRING TO THE TRAINING COPIES OF:

·           The Animal Health Act 1981

·           The Animal Health Act 2002

·           The Animal Welfare Act 2006

·           Foot and Mouth Disease (England) Order 2006

·           Animal By-Products Regulations 2013 and EC Regulation 1069/2009

·           Tuberculosis (England) Order 2014

·           The Welfare of Animals (Transport) Order 2006

·           EC Regulation 1/2005

·           Welfare of Animals at Markets Order 1990

·           The Cattle Identification Regulations 2007 (as amended), EC Regulations 1760/2000, 494/98, 644/2005 509/1999

·           The Sheep and Goats (Records, Identification and Movement) (England) Order 2009

·           The Pigs (Records, Identification and Movement) Order 2011

·           The Rabies (Importation of Dogs, Cats and other Mammals) Order 1974

·           Non Commercial Movement of Pet Animals Order 2011

·           The Sheep Scab 1997

·          The Disease Control Order 2003 together with a copy of the General Licence for Sheep and Goats and Annexes A, B & C

  TUTORS

Nigel Durnford           Director, Food and Farming Compliance Ltd. Birmingham

                                   Formerly Principal Animal Health and Welfare Inspector

                                   Trading Standards Department, Gloucestershire County Council

Lloyd Wilson              Consultant in Animal Health and Welfare

                                   Formerly, Head of Safety and Licensing, Cambridgeshire County Council

SPEAKERS

Greg Mallard              Veterinary Surgeon, Garston Veterinary Group, Frome, Somerset

Gabriel Freiria           Veterinary Officer, APHA Field Services, Midlands

Stephanie Young       Principal Officer, Animal Health, Staffordshire County Council

Victoria Caswell         Animal Health and Welfare Inspector, Shropshire Council

Hannah Williams       Animal Health and Welfare Inspector, Shropshire Council

Please Note: This programme has been devised on current legislation, however, it is known that there will be necessary changes to some sessions as a result of impending legislation that is planned to be enacted before the course commences. The programme delivered will be adjusted as necessary.

This programme only makes reference to English legislation. Welsh and Scottish legislation will be covered, but has not been shown in the individual sessions.

Please note we reserve the right to make changes to the content, timing, speakers and / or venue.

PROGRAMME

MONDAY 26 NOVEMBER

10.00 – 10.30      REGISTRATION AND REFRESHMENTS

10.30 – 13.00      ANIMAL HEALTH & WELFARE BACKGROUND

                            Lloyd Wilson

                            Local Authority enforcement philosophy, background information, equipment and recommended reading for inspectors – to include Health and Safety at Work etc Act, Risk and COSHH assessments, zoonoses – personal hygiene and equipment.

13.00 – 14.00      Lunch

14.00 – 15.45      LOCAL ANIMAL HEALTH AUTHORITIES

                            Lloyd Wilson

                            The Animal Health Act 1981 Parts IV and V as amended by the Animal Health Act 2002.   European Communities Act 1972, Food Safety Act 1990.  The Local Authorities’ role and duties. Local, regional and national co-ordination. Powers, offences and enforcement proceedings.

                            Rationale behind the statutory provisions and the methods available for securing compliance: Inspection, Licensing, Advice and Enforcement, local contacts and liaison, AHVLA, DEFRA; RSPCA; NFU; farmers; dealers; auctioneers; members of the public.

15.45 – 16.00      Tea

16.00 – 18.00      DISEASE CONTROL ORDERS

                            Lloyd Wilson

                            The functions of the local authority inspector, to include disease outbreak contingency planning, under the following legislation:

§  Foot and Mouth Disease (England) Order 2006

§  Diseases of Swine Regulations 2014

§  Sheep Scab Order 1997

§  Rabies (Control) Order 1974

                            Common features of disease control orders will be identified and discussed

TUESDAY 27 NOVEMBER

9.00 – 9.30          CONTROL THROUGH LICENSING

                            Lloyd Wilson

                            General and Specific Licences. Why licensing?  How does it work?  Common elements in the different systems. Areas of difference in licensing control and the reasons for those differences.

9.30 – 10.00        ANTHRAX

                            Lloyd Wilson

                            The Anthrax Order 1991.  An explanation of the provisions and an assessment of the methods available for carcass disposal.

10.00 – 11.15     DISEASE CONTROL ORDER 2003

                           Lloyd Wilson / Nigel Durnford

                           The requirements of the General Movement Licence for the movement of cattle, sheep, pigs and deer. The enforcement of the licence conditions discussed. The use of Breach of Conditions Notices.

11.15 – 11.30      Coffee

11.30 – 12.15      INTELIGENGE LED ENFORCEMENT

                            THE DEFRA FRAMEWORK AGREEMENT

                            Stephanie Young

                            An explanation of the systems and data available to a local authority to enable it to more effectively target investigations. A resume of the current framework agreement and its implementation by local authorities

12.15 – 13.00      CLEANSING AND DISINFECTION – VEHICLES AND PREMISES

                            Stephanie Young

                            The law and the practices adopted to ensure compliance. The standards that need to be achieved. Monitoring and control.

13.00 - 14.00       Lunch

14.00 – 15.30      THE WELFARE OF ANIMALS DURING TRANSPORT

                            Stephanie Young

                            Background to the Welfare of Animals (Transport) Order 2006 explained together with an outline of the Statutory Requirements. Duties and Powers of an Inspector.

                            DEFRA guidance.

                            EC Regulations 1/2005

                            Casualty and Emergency Slaughter - Fitness for transport

                            Slaughterhouses, knackers and on farm slaughter. Owners and veterinary certificates.

                            Medicines records – an explanation of the relevant legislation and Codes of Practice.

                            A resume of the current legislation including the relevant parts of the Food Hygiene Regulations 2006

15.30 – 15.50      Tea

15.50 – 17.20      DISEASE CONTROL ORDERS (Contd)

                            Stephanie Young

                            Bluetongue Regulations 2008

                            Diseases of Poultry (England) Order 2003

                            Avian Influenza and Influenza of Avian Origin in Mammals (England) (No 2) Order 2006.

                            Avian Influenza (Preventive Measures)(England)Regulations 2006

17.20 – 18.30      TUBERCULOSIS ERADICATION & MOVEMENT CONTROLS

                            Nigel Durnford

                            An explanation of the requirements of The Tuberculosis (England) Order 2014 and The Tuberculosis (Deer and Camelid) (England) Order 2014 and their enforcement

WEDNESDAY 28 NOVEMBER

9.00 – 10-30        POULTRY WELFARE AND TRANSPORT

                            Nigel Durnford

                            An exposition of the relevant provisions and their application in relation to the rearing, transport and slaughter of poultry.

10-30 – 11.15      BUYING AND SELLING LIVESTOCK

                            Nigel Durnford

                            An outline of the law relating to the buying and selling of livestock including an explanation of The Business Protection from Misleading Marketing Regulations 2008 as they apply to the sale of animals.

11.15 – 11.35      Coffee

WHO SHOULD ATTEND:  Any person involved in conducting interviews with suspects, whether using audio recording equipment or written notes.

Aim: To provide the delegates with the knowledge and confidence to conduct legally compliant interviews using PACE procedures.  

Course Content

• All updates and amendments to the COP

• Human Rights Act and its impact on PACE legislation

• What is evidence and the implications of Sec 76 and 78 of PACE?

• When does PACE apply to interviews?

• When to caution and what does ‘grounds to suspect’ mean?

• The caution, its meaning and interpretation in a court of law

• Information to be given to suspect

• Written interview rules

• How to evidence relevant comments made outside of the interview

• Actions that may constitute oppression

• Interviewing with an interpreter

• Role of a Solicitor or Legal Representative

• Role of any other third party

• Audio recording procedure and use of the equipment (practical use during the course)

• Actions following the interview & how and what to cover in a witness statement relating to a PACE interview