Animal Cruelty: Sentencing

Robert Flello 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.

--- Later in debate ---

[Neil Parish (Tiverton and Honiton) (Con)]

It is a pleasure to serve under your chairmanship, Mr Hollobone. Thank you very much for dividing up the time; I shall try to ensure that I keep my speech below five minutes.

I thank the hon. Member for Redcar (Anna Turley) not only for introducing her Bill but for securing this debate. Whatever political party one comes from, what is going on is just abhorrent. The major issue, on which I hope we will hear more from the Minister, is the fact that however horrendous the crime, the maximum sentence that can be awarded is six months’ imprisonment. If the perpetrator pleads guilty, they automatically get two months knocked off that sentence, so they often serve around four months for the most horrendous crimes.

I agree entirely with the hon. Lady that if someone can string up a dog, cat or any other animal and beat it to death or kick it downstairs, or whatever the other horrendous things that have been happening are, it will not be too long before they can do that to a human. The Americans and others are linking things up and creating a register of those who have committed animal welfare crimes, and that would be a good way forward for this country.

[Robert Flello]

Does the hon. Gentleman think that as well as going on a register, those individuals should be reported to local social services, which should look carefully at their family environments?

[Neil Parish]

The hon. Gentleman makes a good point, and yes, they should. Some individuals will be just completely and utterly cruel and base; perhaps others will be challenged in some way and so not necessarily able to understand all they are doing. It is a combination of all those things. There needs to be a link with social services, but we also need to send a message not only to those who are blatantly cruel but to those taking part in dog fights and keeping dogs for that purpose. There is a criminal element out there. Sometimes, making money from inflicting animal cruelty can be an easy way of making some sort of a horrible living.

We are talking about sentient beings. Animals feel pain. Many of us present will have animals of our own. At home we have both a dog and a cat, and I have had many other animals in my time as a farmer. When someone has an animal, they are its protector. Animals cannot protect themselves, so they are very much in our care. They give us much love, and then what do we do? Individuals treat them so dreadfully and they cannot protect themselves. It is just absolutely horrendous. We need to ensure that we send the right message to everyone out there that if they are going to abuse an animal and beat it to death, they will get a sentence of at least five years, if not longer. That would ensure that we at least send out the message that animal abuse is absolutely wrong and that perpetrators will go to prison, and it would prevent others from going down the same route.

I do not wish to say anything further because there are others who wish to speak, but I ask the Minister to please deal with this problem seriously, as they have done in Northern Ireland. Let us be clear and put up the sentences massively.

I pay tribute to the RSPCA, Battersea dogs home, the Dogs Trust, Blue Cross and many other charities that do some marvellous work in trying to make sure that our animals are protected and looked after properly.

--- Later in debate ---

[Angela Smith (Penistone and Stocksbridge) (Lab)]

I apologise for my ever so slightly late arrival, Mr Hollobone. It is a pleasure to serve under your chairmanship in this important debate. I congratulate my hon. Friend the Member for Redcar (Anna Turley) on securing it. She is otherwise known nowadays as Detective Turley—but that is another matter.

I pay tribute to the animal welfare charities that have worked tirelessly to raise the profile of the seriousness of animal cruelty in this country: Dogs Trust, Battersea Dogs and Cats Home, Blue Cross, Cats Protection—not often mentioned in this context—and the Royal Society for the Prevention of Cruelty to Animals. I think that every Member who has spoken has outlined articulately that it is cruel and unacceptable in a civilised society that people should be able to get away with behaviour such as we are discussing. The briefing prepared by Battersea Dogs and Cats Home for the debate points out that a 2005 report observed that

“between 71% and 83% of women entering domestic violence shelters reported that their partners also abused or killed the family pet.”

I do not think that will surprise anyone in the room, and it further illustrates some of the points that have been made.

The change in the law demanded by my hon. Friend the Member for Redcar is long overdue. The Animal Welfare Act 2006 made a provision for increased sentencing, but it has never been implemented. We need to see it implemented now, and at the level recommended by hon. Members today—with a five-year maximum sentence for animal cruelty of the severest kind. That would send out a message that animal cruelty will not be tolerated in our society.

We like to think of ourselves as a country that is at the forefront of best practice when it comes to animal welfare—that we love our animals—but I am ashamed to say that we are way behind. Let us get in line with practice in Northern Ireland. The powerful contribution made by the hon. Member for North Antrim (Ian Paisley) was really helpful because it illustrated another point: not only must we increase sentencing to the maximum available in Northern Ireland, but we need to remember that cultural change is required in our courts. The courts need to understand that implementation of the harsher sentencing guidelines will be required to make the change effective.

[Robert Flello]

Does my hon. Friend also think that it is important to send out a message about police animals? Police dogs are often attacked and sentencing is not appropriate, nor even is the definition of the offence. That needs to be looked at as well.

[Angela Smith]

I completely agree with my hon. Friend, and with others who have pointed out that a register of abusers would be an effective way forward. All those things are important.

I want to finish with a comment about the RSPCA. My hon. Friend the Member for Redcar described brilliantly the work that the charity does, pointing to the statistics relating to its investigative work and its work to bring abusers to court and secure convictions. The RSPCA is the oldest animal welfare charity in the country, and no other charity does what it does. It is rooted in our history of tackling animal welfare abuse. It has a very good reputation and it has the expertise and experience not just to deliver the investigative work that we need to enforce the Animal Welfare Act effectively but the carry out the prosecuting aspects of its work. We need to think carefully, therefore, about the RSPCA’s role. In general, we need to support the charity and its continued work in bringing animal abusers to justice. Those who would attack the RSPCA’s role need to think carefully about the impact of what they are arguing for.

--- Later in debate ---

[Mr Gyimah]

I thank the hon. Lady for that point. I have tried to stress that the Government are in listening mode on a number of proposals, but that is why there is not a register—we see that it is actually quite difficult in practice to check everyone who wants to rehome an animal. The point that was made about going on Gumtree and buying a pet is relevant here, and we will look at that as well.

[Robert Flello]

Will the Minister give way?

[Mr Philip Hollobone (in the Chair)]

Order. I want to allow Anna Turley time to sum up the debate. The Minister can take the intervention if he wants, but we are running out of time.