The proposed guidelines, published this week, reflect changes introduced by the Animal Welfare (Sentencing) Act 2021, which increased the maximum penalty for the above offences from six months to five years in prison. The Sentencing Council proposes a range of sentences between a fine and three years in custody.
Prior to the 2021 Act, these offences were summary only, but they have now been made either way offences which means they can be tried in both magistrates’ courts and the Crown Court. The proposed guideline for serious offences will apply in both courts.
For the offence of failing to ensure animal welfare, which is summary only, the maximum penalty is an unlimited fine and six months custody. The Sentencing Council proposes a range between a fine and 26 weeks’ custody.
Under the Sentencing Council proposals, the most serious offences, sadistic or extreme cases or those carried out in the context of commercial or organised criminal activity would be assessed at the highest culpability. Multiple incidents or the use of significant force would also increase culpability.
Cases where the animal died or sustained life-threatening injuries, or was caused substantial pain or suffering, would attract a higher sentence than previously. Aggravating factors include sharing images of the cruelty on social media, committing the cruelty in the presence of children, or ill-treating a significant number of animals.
Sentencing Council member Judge Rosa Dean, said: ‘Animals are not able to defend themselves or draw attention to their suffering, and it is important that courts have the powers to deliver appropriate sentences to offenders who commit these crimes.’
The Animal cruelty sentencing guidelines consultation ends on 1 August. View it here.
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