Animal Welfare Legislation

England and Wales are recognised as examples of an increasing number of states who have contemporary animal welfare legislation. While enforcement is widely viewed as a measure of last resort, the fact remains that effective enforcement is a vital part of any legislation. 

Under the Animal Welfare Act 2006 (England and Wales), anyone found guilty of causing unnecessary suffering to an animal could face a maximum six-month prison sentence and/or a £20,000 fine.

In times past, the sentences handed out in respect of animal welfare offences have been described by some as a "slap across the wrist with a wet bus ticket" - but it is increasingly evident that courts are applying the penalties available to them. 

For example, on Wednesday 28 May 2008, Middlesbrough magistrates sentenced James Harland, aged 21, to 22 weeks in prison for procuring a dog fight. He was also sentenced to a further four weeks for failing to attend an earlier court hearing, to run consecutively, and was disqualified from owning dogs for 10 years.

In January 2008, Daniel Tate, aged 20 also from Middlesbrough, pleaded guilty to the same offence and was sentenced to five months in prison. He also pleaded guilty to possessing an illegal dog, under the Dangerous Dogs Act 1991, and to causing unnecessary suffering to a dog. He received five months custody for each of these charges, to run concurrently, and was disqualified from owning any animal for 10 years.

Solicitor John Ellwood, representing the RSPCA, said: "Offences of this nature are abhorrent to right-thinking members of society, and this was reflected by the court's decision. We hope the sentence will be a lesson to others who might consider taking part in such a barbaric activity."

Further information is available at http://www.rspca.org.uk

06/2008