Yet, there are exemptions in place. This means that a number of individuals can be legally responsible for an animal at any one time. Animal law encompasses many fields of law, depending on the status of the animal (companion animal, wildlife, animals used for agriculture), the activity that involves the animal and the interests of the parties. In addition, animal owners are responsible for ensuring that their pets have all of their needs met. This provides the opportunity for early intervention in cases of cruelty, rather than the position under the 1911 Act, which only allowed for reactive responses to cruelty. In some circumstances a warrant can be granted without notice to the occupier; it must be shown that entry is required as a matter of urgency and it would defeat the object of entering the premises if notice were provided (s52). Further, dog breeds that may be exempt from the tail docking prohibition are detailed in Schedule 1 of the 2011 Act, rather than in separate Regulations.Under The 2011 Act, serious offences can lead to a sentence of up to five years. (b) resulted from the unreasonable acts or omissions of the defendant. Specifically, the relevant provisions cover the primary offences of: unnecessary suffering (s4(1)), mutilation (s5), poisoning (s7) and animal fighting (s8). [1] Explanatory Notes, Animal Welfare Act 2006, Department for Environment, Food and Rural Affairs (Defra) http://www.legislation.gov.uk/ukpga/2006/45/notes, [2] Noel Sweeney, A Practical Approach to Animal Welfare Law, 2nd Edition (5m Publishing Ltd, 2017), p10, [3] Gray v. RSPCA [2013] EWHC 500 (Admin), [4] Developing a Common Law of Animal Welfare: Offences Against Animals and Offences Against Persons Compared, Darren Calley, Crime, Law and Social Change, 55(5), pp.421-436 (2011), https://www.ssoar.info/ssoar/bitstream/handle/document/29058/ssoar-clsc-2011-5-calley-developing_a_common_law_of.pdf?sequence=1, [8] [ibid.] The 2011 Act is very similar in format and content to the Animal Welfare Act 2006 of England and Wales. The Department for Environment, Food and Rural Affairs (Defra) is the Government body tasked with enforcing the majority of animal welfare legislation in England and Wales, specifically the Animal Welfare Act 2006. ‘The normal course of’ hunting and (hare) coursing are exempt from the 2011 Act. Section 13 and Schedule 1 address licensing and registration of activities involving animals, and Section 42 provides associated enforcement provisions, such as cancelling or prohibiting the issuance of a license. At the time of writing, various codes of practice are in the process of being updated through public consultation, including those concerning pigs, poultry, laying hens and chickens raised for meat. The power to seize an animal used for fighting is available to a constable only under Section 22. Where it is not possible to infer from the circumstances of the case that an animal clearly suffered, the Court will require expert evidence from a veterinary surgeon or animal behaviorist. This restricts the definition to certain activities, and requires proof of intent to constitute an offence. Where an animal is taken under Section 18 the court is able to make an order for the treatment, giving up, disposal or destruction of the animal, before which which the owner of the animal is provided with the opportunity to be heard (s20). Section 9(3) which is intended to complement the welfare duty is not wholly clear. He was prosecuted under a Victorian statute which made it an offence for any person to ‘cruelly beat, ill-treat, over-drive, abuse, or torture … any animal.’ (This wording has since been replaced, now largely covered by Section 4 of the Animal Welfare Act 2006). Licences can be issued by Natural England or Natural Resources Wales so landowners or an 'authorised person' can take action against certain species for specific reasons (as defined by the licence). There is also specific and separate legislation relating to deer, seals and badgers as well as generic laws such as the Sea Fisheries (Wildlife Conservation) Act 1992 and the Wild Mammals (Protection) Act 1996. intentionally pick, uproot or destroy wild plants. Certain provisions of the Act extend to Scotland (Sections 46-50), and separate, similar, It is understood that some may wish to deter other people's cats from those areas. 2007 No.2078), which are made under the Animal Welfare Act. The law that covers all animal use in experiments and testing in the UK is the Wildlife and Countryside Act 1981 (as amended) The definition also includes non-protected animals, and therefore, under s2 of the Act, can include an animal for which no one is responsible. Before Regulations are affirmed in parliament, interested persons must be consulted. The Animal Welfare Act 2006 (‘the Act’), which came into force in April 2007, is the starting point in respect of the legal protection of vertebrate animals in England and Wales. The Animal Welfare Act 2006 introduced a positive duty to promote animal welfare, incorporating principles of care towards all domestic and captive animals (including companion and farm animals), where proof of suffering is not required to constitute an offence. If it has suffered, was the suffering necessary? Are feral cats protected by law UK? As the second definition of protected animals covers temporary or permanent human control, this would including keeping a wild animal only briefly, such as overnight. It superseded and consolidated more than 20 other pieces of legislation, such as the Protection of Animals Act 1934 and the Abandonment of Animals Act 1960.. Being in charge of an animal on a temporary basis can be interpreted in its ordinary sense. As a general point, as noted above, there is no provision under the Act prohibiting the killing of an animal without evidence of unnecessary suffering. Common animals such as foxes and deer are not protected by Schedule 5 but some methods of killing them are prohibited, such as self-locking snares and poison bait. What kind of suffering is deemed “necessary”/ “unnecessary”? In these cases, a government establishes certain rules regarding the species, that if violated, can result in fines or criminal prosecution. This was confirmed in the 2010 case of Gray v RSPCA. Federal Animal Protection Laws. An offence is committed in carrying out an activity that requires a license or registration without these, as is breaching any condition of a license. Pursuant to subsequent Regulations entitled ‘The Docking of Working Dogs’ Tails (England) Regulations 2007:' hunt, spaniel and terrier breeds are exempt from the banning prohibition, provided that certain conditions are met. Featured Image Credit: Thin Blue Paw. The Great Crested Newt is a European protected species and is afforded protection under Schedule 5 of the Wildlife and Countryside Act, and the Conservation of Habitats and Species Regulations 2010. Reptiles and Amphibians and the Law Great Crested Newts. Under the Act it is also open for the court to make a disqualification order for such period as it deems fit in order to prevent further cruelty. However, evidence of failing to comply may be relied upon in establishing liability under the Act, or alternatively to negate liability (s14(4)(a)& (b)). Additionally, more than 100 flowering plants and 75 lower plants are afforded special protection, making it an offence to intentionally pick, uproot or destroy or … In that case, also referred to above, the Court upheld a decision by magistrates to dismiss a prosecution brought for a cruelty offence under the 1911 Act in respect of the keeping of calves in veal crates. For all the acts, ignorance is no defence. In the Hall and Isaacs cases, noted above, the Divisional Court held that a cruelty offence is committed only where the suffering of an animal: (a) was unnecessary, in the sense of its not being inevitable despite proper husbandry, and. It is noted that intentionally obstructing a power of entry is an offence. Further, Section 8(3) makes it an offence to knowingly: supply, publish, show, or possess with intention to supply, a video recording of an animal fight that took place in Great Britain (and since the Act’s commencement), without lawful authority or reasonable excuse. Whilst some interested parties supported an outright ban, others wholly supported the practice. Further, under this provision, the Secretary of State (England) or National Assembly for Wales may create associated penalties for breach of subsequent Regulations, to include disqualification. This individual may not reasonably have known the risk of suffering as an  the outcome in the circumstances, and be exempt from prosecution by virtue of the reasonable person test. As parliament readies itself for the Queen’s speech, animal advocates are ready to fight for a slew of promised new animal protection laws this year Claire Bass Friday 30 April 2021 13:40 Key penalty provisions are summarised as follows: Section 10 of the Act provides that should an inspector believe that an individual is failing to comply with Section 9 (in meeting an animal’s welfare needs) he/she may serve an improvement notice upon them. The wording is as follows: 9(3) The circumstances to which it is relevant to have regard when applying subsection (1) include, in particular -, (a)  any lawful purpose for which the animal is kept, and. Further, as pointed out by Sweeney, the case of Gray v RSPCA [3] confirmed that this section is to be clearly interpreted as extending responsibility for any animal looked after by a child under 16 to those responsible for that child. UK animal testing legislation is regarded as the strictest in the world. Issuance of a notice, and extending such notice are discretionary; immediate action can be taken without need for an improvement notice. Where these conditions are not satisfied, the scientific procedure will not be ‘lawfully done’ under the 1986 Act and thus, if the procedure causes unnecessary suffering, an offence of cruelty under the Act will have been committed. Horses, cats, dogs and non-human primates are specially protected species under ASPA. National designated sites: nature reserves, National designated sites: marine nature reserves, European Protection of Nature and Wildlife, International Protection of Nature and Wildlife. While Ford v. Wiley remains good law, its effectiveness in enabling successful prosecutions to be brought in respect of painful procedures performed on animals to enable them to be farmed intensively has been greatly circumscribed by the Divisional Court’s decision in Roberts v. Ruggiero. This wording can be seen to create inconsistency. Section 6 of the Act prohibits this practice (other than for medical treatment), defined as: the removal of, or causing the removal of, ‘the whole or any part of a dog’s tail.’. Amongst other things, the Act makes it a criminal offence to: The offence is subject to exceptions and defences. The Act is broader in scope than the 1911 Act in this regard. The relevant sections applicable to those responsible are: 4(2), 5(2), 6(2), 7(2) and 9. Since goring could be effectively prevented by other means, such as removing the tips of the horns or placing knobs over them, the farmer was left to rely on supposed justifications for his conduct that were essentially economic in character. They do not include any fungi, lichens or birds. Enforcement powers under the Act address the prevention of suffering towards animals as well as actual suffering. It may be imposed in relation to specific kinds of animals or animals generally, and can be combined with a seizure order. Bodies responsible for enforcement of the 2011 Act include the Department of Agriculture, Environment and Rural Affairs (farm animals), local Councils (domestic pets and horses), and the police. A protected species is any plant or animal a government declares by law to warrant protection. Wildlife protection. In addition, animal owners are responsible for ensuring that their pets have all of their needs met. If you continue without changing your settings, we'll assume that you are happy to receive all cookies used on this site. An animal is a “protected animal” for the purposes of this Act if— (a) it is of a kind which is commonly domesticated in the British Islands, (b) it is under the control of man whether on a permanent or temporary basis, or (c) it is not living in a wild state. Stephen Brown LJ and Stocker J refused to find that the practice caused unnecessary suffering simply because more humane systems of rearing were available, and criticized the attempt to use an offence of cruelty to attack a common system of intensive farming that Parliament had not at that time chosen to ban. This use may be considered necessary for the purpose of protecting persons or property. These codes are intended to supplement the Animal Welfare Act 2006 in promoting responsible ownership; by providing practical guidance on how to adhere to the Act. Ethical veganism is a belief protected by law, tribunal rules . Further, it is an offence to fail to comply with an improvement notice (or ‘care notice’) under Section 25(7) of the Scottish Act, which is a helpful enforcement mechanism. Wildlife protection. There is also an Out of Hours Helpline which is run by volunteers during the summer and is for emergency calls only. The UK was the first country to bring about laws that protect animals and we continue to be a country that pioneers animal welfare through legislation and charitable organisations. The AWA also prohibits poisoning protected animals. Although these cases pre date the Animal Welfare Act 2006, the principle guidance remains relevant, having been considered, and largely incorporated into the Act. There are only a handful of federal animal protection laws: The Animal Welfare Act: Signed into law in 1966, the Animal Welfare Act (AWA) is the primary federal animal protection law. The tail docking must be carried out by a veterinary surgeon, and the dog must be no older than 5 days old. The EU Pollinators Initiative was launched in 2018 to tackle the decline of wild pollinating insects, especially bees. Section 10 of the Act provides for an inspector to serve an ‘improvement notice’ upon a person failing to comply with Section 9 [see penalties section below]. The five welfare needs are: to have a suitable environment; ... You can get more information on PETS from gov.uk or by calling 0870 241 1710. (b)  any lawful activity undertaken in relation to the animal. some animals are protected by law because they are endangered and if not protected they could be killed and become extinct The illegal trade in endangered plants and animals – whether elephant ivory, rhino horn or animals captured as exotic pets – is a growing threat pushing thousands of species to the brink of extinction. This is not an absolute defence however; the Court has discretion to take this into account. The word “reasonable” indicates that the test is an objective one. The most obvious way of giving wildlife such protection is to make it an offence for people to kill, injure, or take birds and other animals, or to destroy or uproot plants, but this is not enough by itself. But usually these discussions do not cover exactly which laws protect foxes and what actions are outlawed. A ‘reasonably competent and humane person’ is difficult to define. The Wildlife & Countryside Act 1981. All wild birds, their nests and eggs are protected. Acting as temporary carer for an animal equates to legal responsibility. The Docking of Working Dogs’ Tails (England) Regulations 2007, Welfare of Farmed Animals (England) Regulations 2007, Animal Health and Welfare (Scotland) Act 2006, Welfare of Animals Act (Northern Ireland) 2011, http://www.legislation.gov.uk/ukpga/2006/45/notes, https://www.ssoar.info/ssoar/bitstream/handle/document/29058/ssoar-clsc-2011-5-calley-developing_a_common_law_of.pdf?sequence=1, http://www.aph.gov.au/binaries/senate/committee/history/animalwelfare_ctte/intensive_livestock_production/03ch3.pdf. The main provision for the protection of species in Great Britain is Part I of the Wildlife and Countryside Act 1981 as amended. Note that the pages on European Protection of Nature and Wildlife and International Protection of Nature and Wildlife refer to additional national legislation that gives effect to European and International laws concerning wildlife protection. The UK was the first country in the world to enact animal protection laws. Further, the duty to ensure an animal’s welfare (Section 9) applies to animals for which someone is responsible only (e.g. This therefore restricts these powers, as it excludes any yard, garden, garage or outhouse which is used for purposes in connection with it, as defined in Section 62. A deprivation order will include confiscation of any dependent offspring of the animal. Other species used include amphibians, reptiles and birds. Specifically, the latter is worded as ‘failing to take such steps...as were reasonable in all the circumstances’ (s5(2)(c)). This is intended to assist in developing animal protection legislation, whilst secondary legislation is less arduous to create. Importantly, the mere fact that a defendant considers that his conduct was appropriate, justified, or even humane, is insufficient to show that it was not unreasonable. Most protected species are considered either threatened or endangered. 'I’m proud of my best friend, he has certainly gone down in history.' The Act replaced the Protection of Animals Act 1911, nearly 100 years prior. Most protected species are considered either threatened or endangered. How UK law protects animals. Section 22 of the Act confers powers of entry, search and seizure upon a constable in respect of animals used for fighting (see Section IIH below). internet sites. The 500 wild birds naturally occurring in the EU are protected by the Birds Directive, whilst the Habitats Directive aims to ensure the conservation of rare, threatened or endemic animal species and characteristic habitat types.. There are a number of public consultations concerning bills at various stages, which are arranged by Defra.