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Title Citation Alternate Citation Summary Type
Barnard v. Evans [1925] 2 KB 794

The expression "cruelly ill-treat"" in s 1(1)(a) of the Protection of Animals Act 1911 means to "cause unnecessary suffering" and "applies to a case where a person wilfully causes pain to an animal without justification for so doing". It is sufficient for the prosecution to prove that the animal was caused to suffer unnecessarily, and the prosecution does not have to prove that the defendant knew that his actions were unnecessary.

Case
RSPCA v. McCormick [2016] EWHC 928 (Admin) It was held that for an animal fight to have taken place, contrary to Section 8 of the Animal Welfare Act, the following must have occurred: a "protected animal" must have been placed with another animal in an environment where the ability of both to escape is restricted and controlled by some person or persons connected with that activity or by some artificial restraint. ‘Placed with’ is to be construed as a ‘matter of normal language.’ Case
UK - Pets - Abandonment of Animals Act 1960 1960 c. 43

For historical purposes only. Law has been repealed and/or replaced. An Act to prohibit the abandonment of animals in circumstances likely to cause unnecessary suffering thereto.

Statute
UK - Animal Welfare - Animal Welfare (Sentencing) Act 2021 2021 c.21 This Act increased the period that judges may impose prison sentences on those that breach the Animal Welfare Act 2006 (applicable in England and Wales). The Act came into force on 29 June 2021. Imprisonment has increased to 5 years (and/or an unlimited fine) for certain offences where a defendant is convicted on indictment at the Crown Court. This includes the offences of unnecessary suffering and dog fighting. Imprisonment on summary conviction for these offences at the Magistrates' Court is increased to 12 months, or a fine, or both. Statute
Taylor v. RSPCA [2001] EWHC Admin 103 [2001] 2 Cr App R 24; (2001) 165 JP 567; [2001] Crim LR 388; (2001) 165 JPN 625

Two women, who had been disqualified from keeping horses by a court, transferred ownership of the horses to their niece, but had continued to make arrangements for the accommodation of the horses and to provide food and water for them. The women were convicted in the Magistrates' Court of the offence of "having custody" of the horses in breach of the disqualification order, and appealed. Dismissing the appeal, the Divisional Court held that, what amounted to "custody" was primarily a matter of fact for the lower court to decide, and that the local justices had been entitled to conclude that, notwithstanding the transfer of ownership, the two women had continued to be in control, or have the power to control, the horses.

Case
Webb v. Avon [2017] EWHC 3311 This case addressed the power of the court to make a contingent destruction order under Section 4B of the Dangerous Dogs Act 1991 (as amended). These orders allow dangerous dogs to be released and kept under strict conditions. The court held that the 19991 Act is not clear as to the breadth of who these conditions apply to, but considered that dangerous dogs may only be released to their owners or other persons properly identified as being in charge. The case was remitted to the Crown Court for further determination. The court also addressed other aspects of the 1991 Act along with the Dangerous Dogs Exemption Schemes (England and Wales) Order 2015. Case
UK - Welfare - Protection of Animals (Anaesthetics) Act 1964 1964 c. 39

For historical purposes only. Law has been repealed and/or replaced. An Act to amend the Protection of Animals (Anaesthetics) Act 1954.

Statute
Hopson v. DPP [1997] C.O.D. 229

The owner of a bird of prey had kept it in a wire aviary for at least six weeks, during which it had injured itself by repeatedly flying into the wire mesh. Having been convicted on these facts of an offence of cruelly ill-treating the bird contrary to the first limb of s 1(1)(a) of the Protection of Animals Act 1911, he appealed, contending that under that limb, unlike the second limb, he should only have been convicted if he was guilty of a positive act of deliberate cruelty. Dismissing the appeal, the Divisional Court held that a person could be guilty of cruel ill-treatment of an animal he was responsible for by allowing it to remain in a situation where it was continuing to injure itself, even if he did not desire to bring about the harm.

Case
UK - Research Animals - The Animals (Scientific Procedures) Act 1986 Amendment Regulations 2012 2012 No. Protected animals are extended under the 1986 Act to include cephalopods (i.e., octopus or squid). The principles of replacement, reduction and refinement (the 3Rs), are encompassed in section 2A of the amendment; The Secretary of State must be satisfied that a scientific objective could not be achieved without using animals, by using fewer animals, or by causing less suffering. Statute
UK - Riding - Riding Establishments Act 1964 Riding Establishments Act 1964

An Act to regulate the keeping of riding establishments; and for purposes connected therewith.

Statute

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