Long awaited reform on sentencing for animal abuse

May 30, 2021, By

Recently, more than ever, we have relied on the company of our pets for comfort through tough times. Unfortunately, not everybody is an animal lover and in April 2021, Parliament made a huge step towards fairness in the sentencing of those who commit animal abuse.

Battersea Dogs & Cats home, the RSPCA and the Blue Cross have worked together over the past 4 years to bring this reform into action.

Battersea Ambassador Paul O’Grady is a keen supporter of this change in sentencing. You only have to watch his shows from Battersea to see how awfully some innocent animals are treated and neglected.

Dog theft is also rife at the moment (read our post on protecting your pet for more information), with owners having to be extra vigilant every time they are out with them. This update to the sentencing for unfair treatment of animals is hoped to also reduce this.

Animal Abuse Act 2006

What constitutes animal abuse? There are many ways in which an animal can be maltreated, neglected or exploited, and these are listed under the Animal Abuse Act 2006 for England and Wales.

It is a criminal offence to:

  • Cause unnecessary suffering, either physical or mental, to an animal, whether due to negligence or intentional, or by failing to prevent someone else from causing that suffering
  • Commit acts of mutilation that affect sensitive tissues or bone structure, unless necessary for medical reasons
  • Organise, promote, attend or bet on dog fights, train dogs and keep premises for fighting
  • Dock a dogs tail, unless for medical reasons or if it is a working dog
  • Administer poison or drugs without authority
  • Fail in the duty of care to meet the animals welfare needs, such as providing a suitable environment and diet, and protection from pain and disease

To think that such serious offences only had a maximum sentence of 6 months explains why there was a need for change, in order to protect the welfare of animals in England and Wales.

Reforming the Bill

In 2017, the Government pledged to reform maximum sentences for animal abuse.

Four years on, the Bill passed the final stages in Parliament on 28th April 2021 and received royal assent on 29th April.

Battersea, with support from the other two charities, created a report on the sentencing for animal cruelty from which we have picked out key points.

The key reason for reform is that the maximum sentence for animal abuse, including torturing an animal to death, was only 6 months. Take this in comparison to the maximum 7 year sentence for fly tipping, and it is easy to understand why something needed to be done.

Another figure which may not come as a surprise to all is that those who abuse animals are 5 times more likely to commit other acts of violence. This is not limited to animals. And so, 6 months didn’t seem long enough for communities to recover, or for abusers to rethink their actions and change their ways.

It is anticipated that this reform will come into force later this year, and hoped that increased sentences will make potential animal abusers think twice about their actions, and then make the right decision.

Reporting or avoiding animal abuse or neglect

With many people now owning pets as a way of finding a new companion during such a difficult year, it is so important that new owners continue to look after them when ‘normality’ resumes.

If you can no longer support a pet you own, whether that is in terms of its health or financially, it is much better to do something about it sooner rather than later. Neglecting a pet, whether intentional or otherwise, could soon land you with a much more severe punishment. See RSPCA guidance on giving up a pet here.

Should you suspect or witness animal cruelty in any form, you can report it directly to the RSPCA.

Allegations against you

On the contrary, if you as an owner have been reported for animal abuse and are facing an investigation from the RSPCA, you will need to speak with a solicitor.

The RSPCA, of course, take animal welfare extremely seriously. If you have been unfairly accused of animal abuse or there has been a misunderstanding, our crime team can support you through the investigation.