The Sentencing Council issued two guidelines this week. Its ‘Animal cruelty’ guideline reflects the Animal Welfare (Sentencing) Act 2021, which increased the maximum penalty for the most serious offences from six months to five years in prison.
The council suggests a starting point of two years’ custody for high culpability offences—prolonged or repeated incidents, sadistic behaviour, use of very significant force, a leading role in illegal activity or involvement of others through coercion or intimidation. Sentences for low culpability offences, such as well-intentioned but incompetent care or involvement due to coercion or intimidation by others, would start with a community order.
Judges should then weigh up the level of harm caused or intended. There are three levels, ranging from category one (death, injury requiring the animal to be put down, life-threatening injury or very high level of pain and suffering) through category two (lasting effect, such as tail docking, ear cropping or other mutilation, or substantial pain and suffering) to category three (little physical pain or distress).
Aggravating factors include previous convictions, motivation provided by protected characteristics of the animal’s keeper, involvement of significant numbers of animals, use of technology to record or promote cruelty, and offences committed in the presence of children. Mitigating factors include voluntary surrender of the animals to the authorities, and the offender having been given an inappropriate level of trust or responsibility.
The second guideline, ’Failure to ensure animal welfare’, applies to the Animal Welfare Act 2006 offence of breach of duty to ensure welfare. It applies in magistrates’ courts only and introduces aggravating factors where a significant number of animals have been harmed, the offender had a professional responsibility for the animals, or the offence was motivated by financial gain.
Sentencing Council member Judge Rosa Dean said: ‘The new guidelines will guarantee that courts have the powers to deliver appropriate sentences to offenders who mistreat animals.’
Both guidelines, which apply to the sentencing of adults only, are effective from 1 July.
