header-logo header-logo

Animal cruelty sentences increased

10 May 2023
Issue: 8024 / Categories: Legal News , Animal welfare , Criminal
printer mail-detail
Judges and magistrates have for the first time been given sentencing guidelines for the most serious animal cruelty offences, including tail docking, ear cropping, fighting and causing unnecessary suffering.

The Sentencing Council issued two guidelines this week. Its ‘Animal cruelty’ guideline reflects the Animal Welfare (Sentencing) Act 2021, which increased the maximum penalty for the most serious offences from six months to five years in prison.

The council suggests a starting point of two years’ custody for high culpability offences—prolonged or repeated incidents, sadistic behaviour, use of very significant force, a leading role in illegal activity or involvement of others through coercion or intimidation. Sentences for low culpability offences, such as well-intentioned but incompetent care or involvement due to coercion or intimidation by others, would start with a community order. 

Judges should then weigh up the level of harm caused or intended. There are three levels, ranging from category one (death, injury requiring the animal to be put down, life-threatening injury or very high level of pain and suffering) through category two (lasting effect, such as tail docking, ear cropping or other mutilation, or substantial pain and suffering) to category three (little physical pain or distress).

Aggravating factors include previous convictions, motivation provided by protected characteristics of the animal’s keeper, involvement of significant numbers of animals, use of technology to record or promote cruelty, and offences committed in the presence of children. Mitigating factors include voluntary surrender of the animals to the authorities, and the offender having been given an inappropriate level of trust or responsibility.

The second guideline, ’Failure to ensure animal welfare’, applies to the Animal Welfare Act 2006 offence of breach of duty to ensure welfare. It applies in magistrates’ courts only and introduces aggravating factors where a significant number of animals have been harmed, the offender had a professional responsibility for the animals, or the offence was motivated by financial gain.

Sentencing Council member Judge Rosa Dean said: ‘The new guidelines will guarantee that courts have the powers to deliver appropriate sentences to offenders who mistreat animals.’

Both guidelines, which apply to the sentencing of adults only, are effective from 1 July. 

Issue: 8024 / Categories: Legal News , Animal welfare , Criminal
printer mail-details

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
back-to-top-scroll