Mixed views on government’s animal welfare response
Currently, the maximum prison sentence for animal cruelty offences in England and Wales is up to six months.
Animal welfare charities say they are disappointed by the government’s decision not to extend the maximum jail sentence for animal cruelty offences.
A report by the Environment, Food and Rural Affairs (EFRA) Committee recently called for the penalty to be increased to five years in prison. Currently, the maximum sentence in England and Wales is up to six months in prison, a ban on keeping animals and/or an unlimited fine, which is the lowest sentence in Europe.
Responding to EFRA’s report today (7 February), the government declined to increase the maximum sentence, but said the Sentencing Council has revised the magistrates’ court sentencing guidelines, with the aim of ensuring that the most serious cases of animal cruelty receive the most appropriate severe sentences, within the maximum sentencing guidelines.
The government’s response stated: ‘Current sentencing practice for offences of animal cruelty in the Animal Welfare Act 2006 does not suggest that the courts are finding current sentencing powers inadequate’.
In 2015, the government says the average sentence was 3.3 months, while the average fine amount was £244.
Battersea Dogs and Cats Home’s chief executive Claire Horton said in a statement: “The current sentence for such offences is inadequate, both as a punishment and a deterrent for those who mistreat and neglect animals to the point of unacceptable suffering.”
The government also said the 2006 Act should not restrict the ability to bring private prosecutions, meaning the RSPCA will be able to continue this role. The charity will not be made a specialist reporting authority, but should be allowed to implement recommendations from the Wooler Review, which the charity set up in light of public criticism of its role.
Responding to other EFRA recommendations, the government said it will look into the possibility of protecting the progeny of dogs, but remarked that the Kennel Club Assured Breeder Scheme includes requirements for the genetic screening of breeding dogs for inherited conditions.
As the UK prepares to exit from the EU, the government will also be reviewing the current system for equine identification and inviting views from the equine sector.
Last week a suite of reforms to animal establishment licensing was announced. Expected to come into force in 2018, the new rules include a ban on selling puppies under the age of eight weeks, alongside a requirement for anyone breeding and selling three or more litters of puppies a year to be licensed. In addition, anyone trading commercially in pets online will need to be properly licensed.
However, the government decided against a ban on third party sales of dogs, citing concerns about enforcement, and the possibility that a ban could drive sales further underground. Similarly, calls to make PAAG’s minimum standards compulsory for all websites selling pets were declined, with the government noting concerns about enforcement.
FIVP has shared a survey, inviting those working in independent practice to share their views on the CMA's proposed remedies.
