Animal Cruelty (Section 4 Animal Welfare Act 2006)

Animal Cruelty is the offence of causing unnecessary suffering under s.4 Animal Welfare Act 2006. A person commits the offence if an act of his, or a failure of his to act, causes an animal to suffer, he knew or ought reasonably to have known that the act or failure would have that effect or be likely to do so, the animal is a protected animal, and the suffering is unnecessary (s.4(1)). A person responsible for an animal also commits an offence if an act or failure of another person causes the animal to suffer, he permitted that to happen or failed to take reasonable steps to prevent it, and the suffering is unnecessary (s.4(2)). Whether suffering is unnecessary is judged by the considerations in s.4(3), including whether it could reasonably have been avoided or reduced, whether the conduct was for a legitimate purpose and whether the suffering was proportionate to that purpose. Nothing in the section applies to the destruction of an animal in an appropriate and humane manner (s.4(4)). Maximum sentence: on conviction on indictment, imprisonment for a term not exceeding 5 years, or a fine, or both; on summary conviction, imprisonment for a term not exceeding the general limit in a magistrates' court (12 months for an offence triable either way: Sentencing Act 2020, s.224(1A)(b)), or a fine, or both (s.32(1)). For an offence committed before 2 May 2022 the summary limit is read as 6 months (s.32(4A)).

In practice

This is an either-way offence: it may be tried at the magistrates' court or the Crown Court. Mode of trial depends on the seriousness and the defendant's election. The suspect must be cautioned in accordance with Code C PACE 1984 before any questions about the offence are put to them. Interviews must be audio-recorded (Code E) or, for indictable offences, may be visually recorded (Code F).