United Kingdom

Share |

Scotland - Animal Welfare - Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020

Summary: This Act increased the maximum penalty for the most serious animal welfare and wildlife crimes in Scotland to five years imprisonment and unlimited fines. This includes penalties under the The Animal Health and Welfare (Scotland) Act 2006, the Wildlife and Countryside Act 1981, The Protection of Badgers Act 1992, the Wild Mammals (Protection) Act 1996, the Deer (Scotland) Act 1996, and other animal welfare related legislation in Scotland. These include the offence of unnecessary suffering and animal fighting. The Act also incorporated 'Finn's Law' which will prevent those that harm service animals in the course of their duties from claiming that they did so in self-defence. The Act also creates new powers (by way of future secondary legislation) to impose fixed penalty notices for less serious offences. Further, the Act restricts licensing for the killing of seals, and provides mountain hares with general protection from killing.

This Act increased the maximum penalty for the most serious animal welfare and wildlife crimes in Scotland to five years imprisonment and unlimited fines. This includes penalties under the The Animal Health and Welfare (Scotland) Act 2006, the Wildlife and Countryside Act 1981, The Protection of Badgers Act 1992, the Wild Mammals (Protection) Act 1996, the Deer (Scotland) Act 1996, and other animal welfare related legislation in Scotland. These include the offence of unnecessary suffering and animal fighting. The Act also incorporated 'Finn's Law' which will prevent those that harm service animals in the course of their duties from claiming that they did so in self-defence. The Act also creates new powers (by way of future secondary legislation) to impose fixed penalty notices for less serious offences. Further, the Act restricts licensing for the killing of seals, and provides mountain hares with general protection from killing.

UK - Animal Welfare - Animal Welfare (Sentencing) Act 2021

Summary: This Act increased the period that judges may impose prison sentences on those that breach the Animal Welfare Act 2006 (applicable in England and Wales). The Act came into force on 29 June 2021. Imprisonment has increased to 5 years (and/or an unlimited fine) for certain offences where a defendant is convicted on indictment at the Crown Court. This includes the offences of unnecessary suffering and dog fighting. Imprisonment on summary conviction for these offences at the Magistrates' Court is increased to 12 months, or a fine, or both.

This Act increased the period that judges may impose prison sentences on those that breach the Animal Welfare Act 2006 (applicable in England and Wales). The Act came into force on 29 June 2021. Imprisonment has increased to 5 years (and/or an unlimited fine) for certain offences where a defendant is convicted on indictment at the Crown Court. This includes the offences of unnecessary suffering and dog fighting. Imprisonment on summary conviction for these offences at the Magistrates' Court is increased to 12 months, or a fine, or both.

Scotland - Animal Welfare - Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020

Summary: Scotland's 2020 legislation increased maximum available penalties for the most serious animal welfare offences, involving domesticated or wild animals, up to 5 years imprisonment and unlimited fines. Serious crimes include animal fighting and causing unnecessary suffering. The Act also prevents those who attack service animals in the course of their duties from relying on self-defence. Further, the Act requires the courts to consider whether disqualification orders are necessary to protect animal welfare, and to provide its reasons for reaching its decision in every case that reaches court.

Scotland's 2020 legislation increased maximum available penalties for the most serious animal welfare offences, involving domesticated or wild animals, up to 5 years imprisonment and unlimited fines. Serious crimes include animal fighting and causing unnecessary suffering. The Act also prevents those who attack service animals in the course of their duties from relying on self-defence. Further, the Act requires the courts to consider whether disqualification orders are necessary to protect animal welfare, and to provide its reasons for reaching its decision in every case that reaches court.

Redcliffe, St Mary the Virgin (Petition)

Summary: Finding that a 'non-lethal' electric shock pest control system set up to deter pigeons in a church may cause suffering, but the suffering is not unnecessary suffering under s4 of the Animal Welfare Act 2006. It was held that the conduct could not be reasonably avoided in the particular circumstances of the case, including damage caused to a grade I listed church, the chance of distress caused by the fouling of the birds, and that other pest control methods had failed. "Any suffering caused would be for a legitimate purpose ... that is the protection of property. ...the suffering is proportionate to preserve the building and to avoid distress to staff, visitors to the church and members of the congregation."

Finding that a 'non-lethal' electric shock pest control system set up to deter pigeons in a church may cause suffering, but the suffering is not unnecessary suffering under s4 of the Animal Welfare Act 2006. It was held that the conduct could not be reasonably avoided in the particular circumstances of the case, including damage caused to a grade I listed church, the chance of distress caused by the fouling of the birds, and that other pest control methods had failed. "Any suffering caused would be for a legitimate purpose ... that is the protection of property. ...the suffering is proportionate to preserve the building and to avoid distress to staff, visitors to the church and members of the congregation."

England/Wales - Animal Welfare - Animal Welfare (Service Animals) Act 2019

Summary: This Act amends the Animal Welfare Act of 2006 (England and Wales). It makes it an offence to be cause unnecessary suffering to a service animal whilst in service, removing the defence to human safety from the Animal Welfare Act 2006. Also known as 'Finn's Law.'

This Act amends the Animal Welfare Act of 2006 (England and Wales). It makes it an offence to be cause unnecessary suffering to a service animal whilst in service, removing the defence to human safety from the Animal Welfare Act 2006. Also known as 'Finn's Law.'

UK - Wildlife - The Humane Trapping Standards Regulations 2019

Summary: These Regulations amend the Wildlife and Countryside Act 1981 in order to implement requirements contained in the agreement on international humane trapping standards concluded between the European Community, the Government of Canada and the Government of the Russian Federation. They introduce a prohibition on using or setting in position any trap or snare for the purpose of killing or taking the Stoat or the European Beaver. The prohibitions in section 11(2)(a) and (b) (as revised) (relating to using or setting in position a trap or snare) do not apply in relation to any animal specified in Schedule 6ZA where the use or setting of the trap is under and in accordance with a Government issued license.

These Regulations amend the Wildlife and Countryside Act 1981 in order to implement requirements contained in the agreement on international humane trapping standards concluded between the European Community, the Government of Canada and the Government of the Russian Federation. They introduce a prohibition on using or setting in position any trap or snare for the purpose of killing or taking the Stoat or the European Beaver. The prohibitions in section 11(2)(a) and (b) (as revised) (relating to using or setting in position a trap or snare) do not apply in relation to any animal specified in Schedule 6ZA where the use or setting of the trap is under and in accordance with a Government issued license.

UK - Wildlife Trade - Ivory Act 2018

Summary: This Act prohibits commercial activities concerning ivory in the UK and the import and re-export of ivory for commercial purposes to and from the UK. This includes: buying, selling and hiring ivory; offering or arranging to buy, sell or hire ivory; keeping ivory for sale or hire; exporting ivory from, and importing ivory to the United Kingdom for sale or hire. Minor exemptions include: pre-1918 items of outstanding artistic etc value and importance; pre-1975 musical instruments; and acquisition of items by qualifying museums.

This Act prohibits commercial activities concerning ivory in the UK and the import and re-export of ivory for commercial purposes to and from the UK. This includes: buying, selling and hiring ivory; offering or arranging to buy, sell or hire ivory; keeping ivory for sale or hire; exporting ivory from, and importing ivory to the United Kingdom for sale or hire. Minor exemptions include: pre-1918 items of outstanding artistic etc value and importance; pre-1975 musical instruments; and acquisition of items by qualifying museums.

Overview of UK Animal Protection Legislation

Summary: This article provides an overview of animal cruelty offences and positive legal duties to promote animal welfare in the UK. These provisions are found in the Animal Welfare Act 2006 applicable to England and Wales, and in corresponding legislation in Scotland and Northern Ireland. Prohibited offences include "unnecessary suffering," mutilation, docking of dogs' tails, administration of poisons and animal fighting.'

This article provides an overview of animal cruelty offences and positive legal duties to promote animal welfare in the UK. These provisions are found in the Animal Welfare Act 2006 applicable to England and Wales, and in corresponding legislation in Scotland and Northern Ireland. Prohibited offences include "unnecessary suffering," mutilation, docking of dogs' tails, administration of poisons and animal fighting.'
Share |