Animal Cruelty: Sentencing

Anna Turley Excerpts

Tuesday 8th November 2016 Westminster Hall

[Anna Turley (Redcar) (Lab/Co-op)]

I beg to move,

That this House has considered sentencing for animal cruelty.

It is a pleasure to serve under your chairmanship, Mr Hollobone. I thank all colleagues who have come to discuss this important issue, and I thank the Under-Secretary of State for Justice for his time. I hope that he and his officials will listen carefully to this debate and realise that there is an animal abuse crisis in this country, and that it is in their power to do something about it. I hope that on the back of this debate, they will work with me before my private Member’s Bill to increase sentencing for animal cruelty is debated on 24 February next year.

The origins of my interest in the issue of animal cruelty go back to March this year, when a horrific case of abuse emerged in my constituency. Andrew Frankish, aged 22, and his brother Daniel Frankish, aged 19, from Redcar were convicted of causing unnecessary suffering to a protected animal. On several mobile phone clips filmed by the younger man, Andrew is shown picking up a bulldog at the top of some wooden stairs before repeatedly throwing her down them. On one occasion, he lifts her high over his head. Inspectors from the Royal Society for the Prevention of Cruelty to Animals said that the footage was the most distressing that they had ever seen. The video is widely available on the internet.

I hope, Mr Hollobone, that you will allow me to quote at some length the RSPCA inspector who dealt with the case, because it is important to get the full picture. RSPCA inspector Gemma Lynch said that Baby the bulldog, who was put down three months later after losing the use of her back legs, was

“totally submissive throughout, not even making a noise when she lands on the stairs, bouncing to the foot of them where there is a baby gate which she crashes into before hitting the ground. Frankish is saying things like ‘one, two, three’ before hurling her down them. He is clearly enjoying himself. He’s laughing and smiling. The whole horrible ordeal seems to be for his and the younger man’s entertainment, for fun. One clip shows him stamping on her neck repeatedly at the bottom of the stairs, then picking her up and throwing her to the ground with force over and over again. He’s laughing hysterically.

Another clip shows him standing on Baby’s chest with his full body weight at the top of the stairs, before jumping up and down on her. This is the only time you hear her make a noise, and she is crying throughout. The younger man says, ‘See if we can make it scream any more. We should throw it down the stairs by its ears’, before Frankish picks her up against the wall and head-butts her twice, then throws her down the stairs again. Everyone who has seen the video says it’s the most distressing thing they’ve ever seen. These are people who have seen a lot of horrible things.”

The two men pleaded guilty to causing unnecessary suffering to Baby the bulldog by subjecting her to unnecessary physical violence, an offence under the Animal Welfare Act 2006. What sentence did those two brothers receive for such unspeakable and horrific acts? A suspended sentence, six months’ tagged curfew between the hours of 8 pm and 6 am and £300 in costs. No one can feel that the justice system did its job that day.

What makes the situation even more concerning is that the case only came to light, two years after the abuse took place, because the mobile phone footage was on a memory card found on a supermarket floor by a member of the public. It makes me wonder how much abuse is taking place behind closed doors across the country, against defenceless animals who cannot speak up and who depend on their owners for food, comfort and a life of love and care, free from abuse or neglect.

[Robert Flello (Stoke-on-Trent South) (Lab)]

I congratulate my hon. Friend on securing this crucial debate. Everyone is sickened to hear what she just described. All too often, such individuals are abusing not just animals but vulnerable adults and children; there is a huge amount of evidence showing that link. While considering sentencing, should we not also be considering putting these—words fail me to describe the disgust I feel for them—individuals on a register for potential abuse of humans as well?

[Anna Turley]

My hon. Friend is right. In my discussions with the RSPCA and others, one issue that has come to light is that people can be banned for life from keeping an animal, but we have no way to enforce it at the moment. A register is potentially an important idea, and one that I hope the Government will consider as part of the discussion and debate on my Bill.

On researching how the two brothers could have received such an impossibly lenient sentence for a vicious, premeditated assault, I was astonished to find that the maximum sentence for any form of animal abuse is just six months’ custody. Incredibly, it has not changed since the Protection of Animals Act 1911. In 1911, one could see animals at circuses and monkeys on the shoulders of organ grinders on street corners; the Act was introduced essentially to make it an offence to override or overload animals pulling loads on the street.

Under the last Labour Government, the issue was meant to be dealt with by the Animal Welfare Act 2006, which made provision to increase sentencing for a person found guilty of such offences to be liable on summary conviction to imprisonment for a term not exceeding 51 weeks, or a fine not exceeding £20,000. Incredibly, however, the provision to increase prison sentences was never enacted, so people who inflict cruelty on animals or make them fight for money can currently receive a maximum of only six months’ imprisonment should the magistrate deem a custodial sentence suitable. The public rightly find that hard to understand or accept as appropriate.

Since the incident of the Frankish brothers came to my attention, I decided to try to amend the law to ensure that sentences fit the crime. Just days after I applied for this debate, another two incidents in my constituency brought the issue back to the news agenda. A small dog was found buried alive in woods near Redcar on 19 October, with a nail hammered into its head. I am unable to discuss the case in more detail due to an ongoing criminal investigation, but on the same day, two sheep were found battered with a blunt instrument.

The people of my constituency have been horrified by all these cases, and it is important to pay tribute to their response. After hearing of the Frankish brothers incident and that of Scamp, the dog who was found with a nail in his head, they held vigils for the animals, with hundreds of people coming to lay flowers and candles and send two messages loudly and defiantly. First, the perpetrators do not represent our community. People in Redcar are decent and kind. I know many passionate animal lovers, and I meet some wonderful dog owners as I walk my own dog on Redcar beach or the Eston hills. Secondly, they are angry. They feel that the criminal justice system is letting them down. The police were called to the defence of one of the Frankish brothers after they were threatened. I do not condone such violence, but I fear greatly that that is what happens when the criminal justice system fails and people do not believe that a sentence fits a crime.

On researching my Bill, I was shocked by the number of horrific cases I came across. I read of a dismembered cat left on a war memorial, strangled cats, a deer with a tree branch forced up its backside and a McDonald’s bag over its head, a flock of 20 ducks strangled with cable around their necks and boiling liquid poured on a puppy. Just last week, a Shetland pony was found dead near Sunderland, its body slashed and its bottom lip, mane and genitals cut off. The list of horrific attacks goes on and on.

The RSPCA receives and investigates thousands of complaints about cruelty to animals each year. For example, it received 143,004 complaints in 2015, and 1,781 people were successfully prosecuted. Of the convictions in 2015, 50% were for cruelty offences under section 4 of the 2006 Act and 1.8% were for fighting offences under section 8. The latter acts of cruelty are some of the most extreme. For all cases, current punishments do not appear to fit the crime. During the last five years, the maximum fine imposed on anyone prosecuted by the RSPCA under the Animal Welfare Act 2006 was just £15,000, representing £2,500 for each of six offences. The courts often take the position that unless someone can repay a fine and costs incurred within a reasonable period, there is no point imposing large fines. That suggests to me that the focus should be on prison sentences.

I urge those who think that the crime of abusing defenceless animals is worth less serious attention than abusing people to look at the evidence, predominantly from the United States but also more recently from Europe, showing connections between the two. A 2001 to 2004 study by the Chicago police department

“revealed a startling propensity for offenders charged with crimes against animals to commit other violent offences toward human victims.”

Of those arrested for animal crimes, 65% had been arrested for battery against another person. Of the 36 convicted multiple murderers questioned in one study, 46% admitted committing acts of animal torture as adolescents. Of seven school shootings that took place across the United States between 1997 and 2001, all involved boys who had previously committed acts of animal cruelty.

Because abusers target the powerless, crimes against animals, spouses, children, and the elderly often go hand in hand. Children who abuse animals may be repeating a lesson learned at home. Like their parents, they are reacting to anger or frustration with violence. Their violence is directed at the only individual in the family who is more vulnerable than they are—an animal. Professor Frank Ascione of the University of Denver graduate school of social work says:

“The research is pretty clear that there are connections between animal abuse and domestic violence and child abuse.”

According to a six-year gold-standard study conducted in 11 metropolitan cities in the US, pet abuse is one of four predictors of domestic partner violence. In both domestic violence and child abuse situations, abusers may manipulate and control their human victims through threatened or actual violence against family pets. Researchers have found that between 71% and 83% of women entering domestic violence shelters reported that their partners also abused or killed the family pet. Another study found that in families under supervision for the physical abuse of their children, pet abuse was concurrent in 88% of the families.

In the UK, a new academic study—the first of its kind in Europe—by researchers at Teesside University has also identified a link between animal abuse and domestic violence. The study of young people in eastern Europe found that violence breeds violence. Adolescent males who had experienced domestic violence either showed displaced aggression against animals or progressed to committing violence against family members. The findings point towards a worrying cycle of abuse in society if violence is not addressed or properly challenged.

I return to sentencing, and some comparisons with our devolved colleagues. In its recent review of the Welfare of Animals Act (Northern Ireland) 2011, the Northern Ireland Assembly increased the maximum penalty on summary conviction for the offences of causing unnecessary suffering and animal fighting to 12 months’ imprisonment, a fine not exceeding £20,000, or both. The maximum prison sentence for those found guilty on indictment was increased from two years to five years. It should be noted that Northern Ireland is currently the only part of the UK that provides for more serious animal welfare offences to be tried in a Crown court. Up in Scotland, the Scottish Government have recently committed to reviewing penalties under the Animal Health and Welfare (Scotland) Act 2006. If we look around the world, we can see that the maximum penalty for animal cruelty in Australia is five years and in Germany it is three years; six months here in the UK seems comparatively paltry, especially when we call ourselves a nation of animal lovers.

In addition to the examples from our colleagues in the devolved nations, there is a precedent for tougher sentencing in other UK legislation on the treatment of animals. Under the Anti-social Behaviour, Crime and Policing Act 2014, a person can go to prison for three years if their dog injures a guide dog. In 2015, the Law Commission’s review of wildlife law recommended two years’ imprisonment for cruelty towards wildlife.

It should of course be noted that in 2015, all fines for animal welfare offences that were previously set at level 5 on the standard scale—including those at or above the equivalent level—were increased to unlimited fines. Nevertheless, fines are clearly not working. The fact still stands that under the Animal Welfare Act 2006, the sentence for an offence under section 4 on unnecessary suffering, section 8 on animal fighting, and section 9 on the duty of the person responsible for the animal to ensure welfare, is imprisonment for up to just six months. The lack of sentencing available to the courts severely blunts the Act as the existing jail terms are far too low to deter offenders, especially if we consider the fact that reductions can be given for early guilty pleas and the possibility of suspended rather than custodial sentences.

Such woefully inadequate sentences must be addressed if they are to be punishments that fit the cruelty inflicted on animals. My private Member’s Bill, which will have its Second Reading in February, will seek to increase the custodial sentence for animal cruelty from six months to five years, in line with the recent changes in Northern Ireland. If we are to continue declaring ourselves a nation of animal lovers, it is about time we showed it by sending out the message that we take animal cruelty seriously.

I thank the RSPCA, the Dogs Trust, Battersea Dogs Home and the League Against Cruel Sports for their support for my Bill. I place on record my particular thanks to the staff at the RSPCA, who do a fantastic job dealing with some horrific cases and some situations that require real bravery. I commend them for the cases that they bring to conviction, such as that of the Frankish brothers. It is vital that we have their unique expertise to bring such cases to justice, and they deserve to see the sentencing process support their efforts.

Finally, I want to say a word about Baby the bulldog and the dog named Scamp. We will probably never know the full level of cruelty and torture these silent and defenceless animals endured. We can only begin to imagine the pain they experienced and the fear they felt. We cannot undo the suffering that man has done to them, but we can show each other that that kind of cruelty has no place in our communities, and that such depraved behaviour will face the punishment that it deserves. I am grateful for having been able to introduce this debate. I urge the Minister to put right the injustice by supporting my Bill in February.

[Several hon. Members rose—]

--- Later in debate ---

[Anna Turley]

I am extremely grateful to the Minister for that response, which was thoughtful and considered. We appreciate the tone and the openness with which he is engaging with us, and the fact that he is keen to look forward. I hope that as we build towards the Bill we can continue to have that conversation, both with the Minister and with DEFRA. I appreciate that.

I was glad that the Minister referred to the Teesside University research, which is groundbreaking and symbolic in making the link between animal cruelty and abuse of human beings. It should be considered in the context of the Minister’s point about relevance and severity within sentencing more broadly. Although I take his point about consistency and parity, it is important to acknowledge that there are already many inconsistencies in sentencing in the criminal justice system. There is already no parity, so, for me, that cannot be a reason to strike out the idea of raising a sentence.

I appreciated the Minister’s point about looking at whether animal cruelty sentences can be referred to the Court of Appeal, if we feel that they are not sufficiently strong. That is really important and deserves more exploration.

I am grateful to all hon. Members who have contributed to the debate today. We have seen a real strength of feeling and a sense of support around sentencing. The issue of a register of offenders, raised by the hon. Member for Tiverton and Honiton (Neil Parish) and my hon. Friend the Member for Stoke-on-Trent South (Robert Flello), is important and warrants more investigation, as my hon. Friend the Member for Penistone and Stocksbridge (Angela Smith) said, not least because of the link to social services. We are talking not just about people who might be put on a register, but people who have undertaken serious offences. I do not think it is considerably onerous for organisations to undertake a quick online check, as they might already do for a criminal record or something of that nature.

A number of hon. Members raised points about education and awareness. They were absolutely right. The hon. Member for North Antrim (Ian Paisley), in a very moving speech, talked about culture change within the judiciary and society, and about taking offences seriously so that if we do raise the sentencing limit, they are dealt with with due diligence. The hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald) is absolutely right about broader awareness, and I pay tribute again to charities that do that work.