Key Facts

• The Public Bill Committee is considering the Animal Welfare (Sentencing) Bill.
• There will be three debates during the sitting: on an amendment, existing content of the Bill, and a new clause.
• The Royal Society for the Prevention of Cruelty to Animals dealt with 106,676 incidents in a year.
• In 2019, the RSPCA investigated 62 cruelty complaints involving images or videos shared on social media.
• A survey by the RSPCA found that nearly one in five young people have witnessed animal abuse on social media.
• The original Bill was introduced in 2016.
• A five-year maximum sentence exists for animal cruelty in Northern Ireland and Scotland.
• The Minister discusses the role of technology in publicising cruelty and suggests existing sentencing guidelines should be followed.
• The Sentencing Council is independent but can make suggestions.
• Section 127(1) of the Communications Act 2003 creates an offence for sending grossly offensive messages over a public electronic communications network, with a maximum sentence of six months.
• Existing legislation under the Communications Act may cover filming and sharing animal cruelty.
• The Bill received Second Reading on October 23, 2020.
• Current maximum penalties for animal cruelty are six months’ imprisonment and/or an unlimited fine.
• Volume of prosecutions since the Animal Welfare Act 2006 has been around 1,000 per year with a conviction rate of about 80%.
• The Animal Welfare (Sentencing) Bill aims to increase maximum custodial penalties for animal cruelty from six months to five years.
• The Bill is supported by various organizations including the RSPCA, Battersea Dogs and Cats Home, the League Against Cruel Sports, the Dogs Trust, Cats Protection, and the Blue Cross.
• Courts already have the power to impose post-conviction disqualification orders for any length of time under the Animal Welfare Act 2006.
• The report is to be laid before Parliament within two years.
• Assessments include trends in sentencing practice, effects on animal welfare, and deterrent impact on animal welfare offences.
• Consideration must include welfare of non-'protected animals' under the Animal Welfare Act 2006.
• Sentencing for offences under multiple Acts and Regulations are to be assessed.
• The new clause requires reporting back within two years.
• Maximum penalties for wild animal cruelty remain at six months under specified Acts.
• RSPCA reported cases of severe abuse against wild animals in 2019.
• Solicitor Mike Schwarz warned about confusion caused by a two-tier approach to sentencing domestic and wild animals.
• The Law Commission published proposals for wildlife legislation simplification in 2015.
• The Animal Welfare Act 2006 focuses on animals under human control.
• Separate pieces of legislation address wildlife crime.
• A review of wildlife legislation was conducted by the Law Commission in November 2015.