Animal cruelty Laws

Animal Cruelty Offenders Can Now Face Five Years in Prison

Courts in England and Wales can impose prison sentences of up to five years for the most serious animal cruelty offences.

The increased sentencing powers came into force on 29 June 2021 under the Animal Welfare (Sentencing) Act 2021. Before the change, the maximum custodial sentence available for these offences was six months.

The reform followed concerns that the previous limit did not reflect the seriousness of deliberate, prolonged or organised cruelty.

Which Offences Carry the Five-Year Maximum?

The higher maximum applies to serious offences under the Animal Welfare Act 2006, including:

• causing unnecessary suffering to a protected animal;


• mutilating an animal;


• unlawfully docking a dog’s tail;


• administering poison or another harmful substance; and


• animal fighting offences.

These offences can now be prosecuted in either the magistrates' court or the Crown Court.

A person convicted in the Crown Court can receive:

• up to five years’ imprisonment;


• an unlimited fine; or


• both imprisonment and a fine.

The five-year term is the maximum sentence and will not be imposed in every case.

Animal Fighting

Organised animal fighting is treated as a particularly serious form of cruelty.

Offences can include:

• causing an animal fight to take place;


• attempting to organise a fight;


• receiving money for admission;


• publicising or promoting a fight;


• providing premises for fighting;


• possessing equipment connected with animal fighting;


• keeping or training an animal for fighting; and


• making or distributing recordings of animal fights in prohibited circumstances.

Animal fighting may involve significant planning, financial gain and prolonged suffering. These features can increase the seriousness of the offence.

How Courts Decide the Sentence

Updated sentencing guidelines for animal cruelty offences came into force on 1 July 2023.

The court considers both the offender's culpability and the harm caused to the animal.

Factors indicating greater culpability may include:

• deliberate or sadistic behaviour;


• prolonged cruelty;


• significant planning;


• use of weapons or other implements;


• offending for financial gain;


• leading or organising others;


• attempting to conceal the offence; and


• committing cruelty in the presence of children.

The court may consider harm to be particularly serious where:

• an animal dies;


• several animals are affected;


• the suffering is prolonged;


• the animal suffers serious injury or disease;


• the animal has to be destroyed;


• the treatment causes lasting fear or distress; or


• the offence damages public confidence in animal Welfare.

The Difference Between Cruelty and Failure to Ensure Welfare

The Animal Welfare Act also places a duty on a person responsible for an animal to take reasonable steps to meet its Welfare needs.

Those needs include:

• a suitable environment;


• a suitable diet;


• the ability to exhibit normal behaviour;


• appropriate accommodation with, or separation from, other animals; and


• protection from pain, suffering, injury and disease.

Failing to ensure an animal's Welfare is a separate offence from deliberately causing unnecessary suffering.

The five-year maximum does not apply to every regulatory or Welfare offence under the Act. Less serious offences retain lower maximum penalties.

Disqualification From Keeping Animals

In addition to imprisonment or a fine, the court may disqualify an offender from:

• owning animals;


• keeping animals;


• participating in the keeping of animals;


• dealing in animals;


• transporting animals; or


• arranging the transport of animals.

A disqualification may relate to all animals or particular types of animals and can remain in force for a substantial period.

Breach of a disqualification order is a separate criminal offence.

Other Orders Available to the Court

Depending on the offence, the court may also make orders concerning:

• deprivation of ownership of an animal;


• removal of animals from the offender;


• destruction of an animal where necessary;


• reimbursement of treatment or care costs;


• forfeiture of equipment used in animal fighting; and


• compensation.

TheWelfaree of the animal will be an important consideration when the court decides what orders to make.

Why Were the Sentences Increased?

The former six-month maximum was widely criticised as inadequate for the most disturbing cases.

Judges and magistrates occasionally stated that they would have imposed longer sentences if the law had allowed them to do so.

Animal Welfare organisations also argued that stronger penalties were needed for cases involving:

• deliberate torture;


• serious neglect;


• organised animal fighting;


• repeat offending;


• multiple animals; and


• commercial exploitation.

The increased maximum gives courts greater flexibility to distinguish between lower-level offending and the most serious cruelty.

Will Tougher Sentences Prevent Animal Cruelty?

Longer sentences may provide a stronger deterrent and demonstrate the seriousness with which deliberate cruelty is treated.

However, sentencing is only one part of animal protection.

Effective prevention also depends on:

• early reporting;


• proper investigation;


• effective enforcement;


• public education;


• responsible breeding and ownership;


• regulation of animal-related businesses;


• access to veterinary care; and


• monitoring people who have been disqualified from keeping animals.

Reporting Animal Cruelty

Anyone who believes that an animal is being abused or neglected should report the concern promptly.

Depending on the circumstances, reports may be made to:

• the police, particularly where an offence is taking place, or there is immediate danger;


• the RSPCA in England and Wales;


• the local authority;


• the Animal and Plant Health Agency; or


• another relevant animalWelfaree organisation.

Useful information may include:

• the location;


• the type and number of animals;


• what was seen or heard;


• dates and times;


• photographs or recordings lawfully obtained;


• vehicle details;


• witness information; and


• whether the animal appears to need urgent veterinary attention.

Do not trespass, confront a potentially violent person or place yourself at risk to gather evidence.

What if You Are Accused of Animal Cruelty?

An allegation of animal cruelty can result in arrest, seizure of animals, prosecution and a possible ban on keeping animals.

A person under investigation should obtain legal advice before attending a police or local authority interview.

Relevant evidence may include:

• veterinary records;


• photographs;


• feeding and care records;


• insurance documents;


• breeding or licensing records;


• witness statements;


• expert evidence;


• communications with Welfare organisations; and


• evidence about ownership or responsibility for the animal.

Scotland and Northern Ireland

The Animal Welfare Act 2006 and the Animal Welfare (Sentencing) Act 2021 discussed in this article apply to England and Wales.

Scotland and Northern Ireland have separate animal Welfare legislation, court systems and sentencing provisions. Legal advice should be obtained in the country where the alleged offence occurred.

How a Solicitor Can Help

A solicitor may advise on:

• animal cruelty investigations;


• police or local authority interviews;


• prosecutions under animal Welfare legislation;


• animal seizure and ownership disputes;


• disqualification orders;


• licensing and regulatory offences;


• animal fighting allegations;


• sentencing and mitigation;


• appeals; and


• enforcement of animal Welfare notices.

Finding an Animal Welfare Solicitor

The maximum sentence for the most serious animal cruelty offences is now five years' imprisonment, reflecting the serious suffering that deliberate or organised cruelty can cause.

Use the search facility at the top of this page to find a solicitor experienced in animal Welfare, criminal defence or regulatory law.

This article provides general information about animal cruelty law in England and Wales. It does not constitute legal advice about an individual allegation, prosecution or sentence.