Animal Cruelty: Sentencing

Sam Gyimah Excerpts

Tuesday 8th November 2016 Westminster Hall

[The Parliamentary Under-Secretary of State for Justice (Mr Sam Gyimah)]

I thank you, Mr Hollobone, for your efficient chairing of proceedings today. I begin by congratulating the hon. Member for Redcar (Anna Turley) on securing today’s debate on animal cruelty and the skilful way in which she is handling her private Member’s Bill. She is airing the issues here in advance of the Bill being brought before the House. As the Chairman of the Environment, Food and Rural Affairs Committee, my hon. Friend the Member for Tiverton and Honiton (Neil Parish), rightly put it, this issue should go beyond party politics. I understand the strength of feeling about offences against animals and why people feel anger towards those who commit such crimes.

So far as the Government are concerned, this matter sits between the Ministry of Justice and DEFRA. I assure the hon. Member for Redcar that the Government take animal welfare seriously. I know that the topic is of widespread concern to many. I also appreciate the concerns about those who carry out appalling acts of cruelty on defenceless animals and the wider implications of the links between animal and human abuse. The research carried out by Teesside University has been mentioned, and I assure Members that we will look at it closely.

Northern Ireland and Scotland have also been mentioned in the debate. The question was asked why, if Northern Ireland can increase the maximum penalty for animal cruelty to five years, England and Wales cannot. Penalties are devolved to Northern Ireland. Each jurisdiction decides the appropriate maximum sentence for each offence, but we will look at the experience of Northern Ireland and Scotland and the impact the changes have specifically on offending behaviour. That is what we want to look at. We want to ensure that increasing the maximum sentence has an impact on offending behaviour.

[Neil Parish]

While it may be DEFRA that deals with animal welfare, it is the justice system that deals with sentencing. It is up to our courts to decide the length of sentence, but a maximum sentence of only six months gives the court very little flexibility. If we increased that maximum sentence dramatically, the courts would have much more flexibility in dealing with cases.

[Mr Gyimah]

I thank my hon. Friend for his intervention. I will come on to the six-month point in a second, but on the five-year point, a maximum five-year sentence would be the equivalent of a sentence for gross bodily harm of a human being. Those are serious offences, and we do not have to stand back. The penalties need to work across the board. In other words, if we increase the penalty to five years in line with GBH, we will have to look at sentencing across the board. That is something the Government need to do to ensure consistency in the criminal law, which is important. As far as Scotland is concerned, again this is a devolved matter.

As is often said, however, prevention is better than cure. To that end, some animal welfare organisations help educate youngsters in animal welfare. I should mention the role of the RSPCA, as other Members have. It does great work in schools. Blue Cross, too, works in schools with children to help them become informed, responsible and active citizens. It is interesting to note from my research for the debate that the RSPCA has been campaigning for and enforcing animal welfare legislation for nearly 200 years. In that time the organisation has built huge expertise in animal welfare. It of course not only prosecutes people, but provides advice to owners about how to look after their animals properly. The Government recognise that tremendous effort, and it is to the credit of the RSPCA that it has improved the lives of many animals.

I am, however, aware of horrible cases, some of which have been mentioned today, specifically the one involving the Frankish brothers and their pet bulldog. I hope that Members appreciate that I am unable to respond specifically on the details of that case, but many people consider the penalty to have been too lenient. On that point, I would pick up on another issue that was raised: how we deal with unduly lenient sentencing. The Attorney General refers some sentences he considers unduly lenient to the Court of Appeal to reconsider. Those are summary-only offences and so animal cruelty is not currently within that scheme. That includes assault on humans and common assault, which are also not within the scheme. The Government are considering the scope of the scheme and how to implement our 2015 Conservative manifesto commitment to expand it.

On sentencing, we should remember that it is a matter for our independent courts. The court is best placed to decide on the appropriate penalty for an offence because it is in possession of the full facts of the case, many of which might not be reported in the newspapers. When deciding what sentence to impose within the maximum limits available, the courts are required to take account of all the circumstances of an offender, as well as mitigating and aggravating factors.

On maximum penalties, it is worth stressing that while sentencing is a matter for the courts, setting the framework that the courts work within is a matter for Parliament, as we all know as legislators. The maximum sentence of six months’ imprisonment for causing unnecessary suffering to an animal was set by Parliament to cover the most serious imaginable behaviours for that specific offence. It was only last year that the maximum fine for causing unnecessary suffering to an animal was raised from £20,000 to an unlimited fine, although I note the point made by the hon. Member for Redcar that in imposing that fine, the courts often means-test it to make sure that it is payable. I am aware of that nuance.

[Ian Paisley]

Is the Minister saying that as a rule of thumb a sentence against animal cruelty must be lower than a sentence imposed for human cruelty?

[Mr Gyimah]

Not at all. On the contrary, what I was saying is that any change in sentencing in one part of the law has to be made consistent across the entire criminal justice system. If there were a sentence of five years, we would need to look at other offences of a similar nature that have a five-year sentence to make sure that there is consistency. My point is about consistency in criminal law rather than about distinguishing between one form of cruelty and another.

The Government recognise that maximum penalties should be set to allow the courts to respond appropriately to the full range of cases that they are likely to face—my hon. Friend the Member for Tiverton and Honiton made that point. It is worth looking at some data. In 2015, 614 people were sentenced for the offence of causing, permitting or failing to prevent unnecessary suffering to an animal. The average custodial sentence was nearly three and a half months. If judges are not going up to the maximum six months, there is a question whether the issue is with the maximum sentence length or the courts are finding the current sentencing powers inadequate or restrictive in dealing with those cases. We have to look at that.

The maximum penalty for animal cruelty offences is under review. I assure the hon. Member for Redcar that we are also looking at that very closely in the context of broader criminal law. We do not want to create anomalies with other criminal offences. It is worth bearing in mind that the offence of common assault also has a maximum penalty of six months. In other words, if we were going to make a change here, we would have to look at the area of common assault as well.

It would be contrary to our system of justice simply to impose the maximum penalty, regardless of the circumstances, for any offence. Making all sentences the same would remove the courts’ ability to single out and highlight the more serious cases with more serious sentences. In short, prescribing sentences in that way could lead to injustices that we would want to avoid.

The sentencing guidelines for animal cruelty offences are issued by the independent Sentencing Council, as the House is aware. The council has recently consulted on revised guidelines for sentencing in the magistrates courts, which includes animal cruelty offences. The revised guidelines are designed to highlight the aggravating factors that are particular to those offences. That will assist magistrates in identifying the most serious cases that will in turn deserve longer sentences. Throughout the development of the guidelines, the council worked closely with the RSPCA and is now reviewing consultation responses and developing definitive new guidelines, which it intends to implement in May next year.

A point was made about a register for animal abusers, to prevent them from obtaining animals in the first place. DEFRA has no plans to introduce an animal abusers register. I do not consider it appropriate or necessarily proportionate, because we would then expect pet vendors and animal rehoming centres to check the details of all prospective animal owners. That would be quite an onerous approach.

[Angela Smith]

I think that issue is worthy of further investigation. The Minister may find that animal welfare charities and rehoming centres would welcome such an initiative and would not find it an unnecessary burden.

[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.

[Mr Gyimah]

I will bring my comments to a swift conclusion. I welcome this important debate and appreciate that there are concerns about those who carry out appalling acts of cruelty on defenceless animals. The Ministry of Justice is working with DEFRA with respect to animal cruelty offences, including animal fighting. As I have said, we will keep the maximum penalties for those offences under review. That includes monitoring sentencing trends, looking at the impact on offending behaviour in Northern Ireland and Scotland and identifying whether any evidence emerges that the courts may be finding their sentencing powers inadequate.

Finally, although I have focused on the justice issues, I understand that the hon. Member for Redcar will be meeting Lord Gardiner, the DEFRA Minister responsible for animal welfare. I hope that reinforces the fact that both the Ministry of Justice and DEFRA are addressing the issue of animal cruelty with the seriousness it deserves.