Sentencing (Cruelty to Pets)

Andrew Selous Excerpts

Thursday 16th July 2015 Westminster Hall

[The Parliamentary Under-Secretary of State for Justice (Andrew Selous)]

It is, as always, a pleasure to serve under your chairmanship, Sir Roger. I warmly congratulate my hon. Friend the Member for Sherwood (Mark Spencer) on securing this important debate. He is right that the needless suffering of animals is always a concern, whether that suffering is deliberately inflicted, accidental or the result of negligence, and whether the animals are domestic or wild. It often happens because people are unaware of the effect of their behaviour, and sometimes simple steps can be taken to prevent animals from coming to harm—indeed, he set out a number of steps in his excellent speech.

The suffering of pets can cause considerable distress to their owner as well as to the animals themselves, as this debate has made clear. At a recent constituency surgery, a widow came to see me who strongly believes that her dog was stolen. In the two or three times that she has been to see me since, it has been vividly impressed on me that, to her, that is akin to a family bereavement. She lives on her own, and her dog was her only companion. We need to recognise how greatly the loss of a much loved domestic pet affects our constituents. Victim personal statements mean that courts, at the discretion of the judge, are able to consider the degree of harm caused by an offence, and they are open to statements from pet owners in such horrific cases.

I welcome this debate, which I hope will raise awareness of our responsibilities and of the legal measures that are available to us. The Ministry of Justice is responsible for ensuring that the courts have the powers they need to deal appropriately and proportionately with all the cases that come before them. The Department for Environment, Food and Rural Affairs is responsible for animal welfare issues more widely, including ensuring responsible pet ownership and the wider protection of our pets and wildlife. The Animal Welfare Act is the main legislation that protects the welfare of animals, and the Government reviewed the operation of that Act in 2010. A report was prepared by DEFRA and shared with the Select Committee on Environment, Food and Rural Affairs. The report concluded that the Act had

“a positive impact on animal welfare. It has successfully brought together a number of different pieces of legislation into a comprehensive whole providing a duty of care for those responsible for animals.”

The report did not suggest that the available penalties are inadequate.

Legislation sets maximum penalties that the courts may apply. It is for the courts—usually magistrates courts in animal welfare cases—to take a view on what sentences should be given in individual cases, having heard all the evidence and taken account of the circumstances of the case. In coming to a view, the courts are helped by the sentencing guidelines produced by the independent Sentencing Council. The council, set up under the Coroners and Justice Act 2009, consults widely before issuing guidelines, which are available on its website. Sentencing guidelines set out a recommended range of sentences and aggravating and mitigating factors that may make the sentence more or less severe in particular cases. The courts have a duty to follow the guidelines unless, exceptionally, it would not be in the interests of justice to do so.

Guidelines do not exist for every offence, but there are specific guidelines covering offences in the Dangerous Dogs Act 1991. The Sentencing Council recently consulted on updating guidelines in response to changes to the 1991 Act contained in the Anti-social Behaviour, Crime and Policing Act 2014. Sentencing guidelines for magistrates include guidelines for offences of animal cruelty under the Animal Welfare Act 2006. They help magistrates impose proportionate and consistent penalties. The guidelines were last updated in 2008 and reflect the current penalties available.

The Government’s responsibility is to ensure that courts have the powers to impose appropriate sentences. To that end, the Animal Welfare Act 2006 makes it an offence to cause any unnecessary suffering to an animal, with a maximum penalty of six months’ imprisonment, an unlimited fine, or both.

[Mark Spencer]

After this debate, will the Minister reflect whether the guidelines for magistrates are robust enough to encourage them to give out the correct sentence? We have heard of a number of crimes of premeditated poisoning for which no one has been given a custodial sentence on being convicted. Might he reflect on those guidelines and write to me with those reflections?

[Andrew Selous]

I am more than happy to do so. I meet the Sentencing Council reasonably regularly, and I will ensure that a copy of this debate is sent to the council so that it is well aware of the widespread interest in these matters in Parliament.

The Animal Welfare Act 2006 also makes it an offence to fail to provide for an animal’s welfare needs, attracting a maximum penalty of six months’ imprisonment, a fine, or both. The courts also have powers to disqualify someone from owning an animal in future. Where they have that power but do not impose such a disqualification, courts must state why.

The Government have introduced new measures to tackle antisocial behaviour by allowing police and local authorities to issue warning notices to low-level offenders who allow their dogs to worry others. Dog owners, for example, could be asked to go on training courses with their pet. Those new measures form part of the Anti-social Behaviour, Crime and Policing Act 2014.

Figures taken from the court database do not show that the courts are finding that their powers are inadequate. There have been around 2,000 convictions annually under the Animal Welfare Act 2006 in recent years. In 2014, some 959 cases were proceeded against; 800 people were found guilty, 78 of whom received custodial sentences. The average sentence was about three months.

My hon. Friend the Member for Solihull (Julian Knight) suggested that a higher penalty might have a deterrent effect. Research shows little evidence that this is the case; rather, it is the likelihood of being caught that has the deterrent effect. On that note, I particularly commend what my hon. Friend the Member for Sherwood is doing in his constituency with GPS tracking, which might provide evidence and act as a significant deterrent in his area.

We should concentrate on ensuring that animal cruelty is not overlooked or tolerated and that offenders are brought to book. The RSPCA and others provide us with valuable help to ensure that that message gets through loudly and clearly. I agree with the Scottish National party spokesman, the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald), on the important role of education in that respect.

My hon. Friend the Member for Sherwood told us at the beginning of this debate that there have been some horrific incidents in his constituency involving antifreeze. I cannot comment on individual cases, but it is illegal under the Wildlife and Countryside Act 1981 to poison wild animals, and under the Animal Welfare Act 2006 to poison domestic ones. Whether the poison is intended for domestic or wild animals, its use is an offence in either case. There are offences and penalties to tackle such behaviour, and where it occurs it should be reported to the police or the RSPCA. Once again, I congratulate my hon. Friend on bringing this important debate before the House.

Question put and agreed to.

Resolved,

That this House has considered sentencing for cruelty to domestic pets.