Animal Welfare (Sentencing) Bill (First sitting)

Trudy Harrison Excerpts

Committee Debate: 1st sitting: House of Commons
Tuesday 23rd July 2019 Public Bill Committees

[The Chair]

Trudy Harrison indicated that she would like to ask a question, presumably on the same theme.

[Trudy Harrison (Copeland) (Con)]

Q It is. Listening to the accounts that you just gave, which were absolutely horrific, I cannot comprehend the thinking that must have gone on before those incidents took place. Do you think that this Bill will reduce the number of those acts and, if so, why? Do you think it will act as a deterrent?

Michael Flower: I certainly hope so. To my mind, one of the great drives behind the Bill is to try to deter people from committing those offences. I go back a few years working for the RSPCA, and one of the main drives we had for bringing in the welfare offence at the time of the original Act was to introduce to English law preventive measures to stop animals being caused to suffer. The RSPCA is about preventing cruelty, not prosecuting it. We will prosecute it where offences are committed, but we want to prevent it. I hope that, if there is a five-year custodial sentence, that will act as a deterrent. It seems to me that there is a huge difference between an offender serving a 16-week custodial sentence, as is the case at present, and serving two and a half years. That must make some difference to some people, and it can only be beneficial.

Claire Horton: We are aware of research by the University of Birmingham and similar research in Italy that found even a relatively small change in sentences can have a significant deterrent effect. Certainly, given some of the examples we have cited, the sentence at the moment is disproportionate, considering that the sentence for fly tipping is five years, the sentence for theft is seven years and the sentence for driving while disqualified is significantly more than this. For someone who knowingly and determinedly kills animals in the way you have heard about, there has to be a deterrent. There has to be a punishment that fits the crime. At the moment, it just does not at all.

Of course, as was said, there is significant public and cross-party support for this change. I think people recognise that we need to be seen to be taking this seriously and to be acting. Certainly, at the moment, we are the worst of 100 countries in the sentence we offer. Battersea did some research in 2017—I am sure most of you have already seen it, but I have brought some copies for the Committee’s benefit, which I will leave here—that looked at sentencing for animal cruelty in England and Wales. We surveyed 100 jurisdictions around the whole of Europe, the US and Australia, and all of them, including Ireland and Northern Ireland, had higher sentences than England. We really do need to act on this, and we need to do it soon.

[Sir Oliver Heald (North East Hertfordshire) (Con)]

Q On deterrence, do you agree that it would help if the courts and the Sentencing Council worked up a list of aggravating features that would merit a long sentence within the bracket of up to five years? For example, you mentioned torture—setting one animal on another. You will know about my interest in service animals—I thank you both for all the support we had with Finn’s law. I suggest that if a service animal that is defending a police officer is attacked with a 10-inch knife and stabbed to within a very close shave of losing its life, that would be an aggravating feature too. What do you think of that?

Michael Flower: The Sentencing Council has actually produced sentencing guidelines for Animal Welfare Act offences already—the most recent version was introduced in 2017, I think—and they contain examples of aggravating features. As a prosecutor, we find them very useful. We would certainly welcome the Sentencing Council revising those guidelines to take account of the Bill, if it is enacted. In fact, I suggest that it is essential that it does. We have had an indication somewhere down the line that it is prepared to look at this fairly quickly if the Bill comes into force. Yes, I would definitely welcome Sentencing Council guidance.