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Title Citation Alternate Citation Summary Type
Scotland - Animal Welfare - Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020 Scotland Act 2020 Scotland's 2020 legislation increased maximum available penalties for the most serious animal welfare offences, involving domesticated or wild animals, up to 5 years imprisonment and unlimited fines. Serious crimes include animal fighting and causing unnecessary suffering. The Act also prevents those who attack service animals in the course of their duties from relying on self-defence. Further, the Act requires the courts to consider whether disqualification orders are necessary to protect animal welfare, and to provide its reasons for reaching its decision in every case that reaches court. Statute
R v. Woodward [2017] EWHC 1008 (Admin) A group of abattoir slaughter-men were charged with causing unnecessary suffering to a number of sheep under Section 4(1) the Animal Welfare Act 2006. The abattoir owners were charged with failing to prevent the acts by their employees which caused the animals to suffer contrary to Section 4(2) of the Animal Welfare Act 2006. The charges followed undercover footage obtained by Animal Aid, which was then passed onto the Food Standards Agency, and the Crown Prosecution Service. In this case, the Crown brought an appeal against the district judge’s decision to dismiss the prosecution on the grounds that the sixth-month time limit under the 2006 Act had expired. The appeal was allowed. Case
Ford v. Wiley 23 QBD 203

A farmer who had caused the horns of his cattle to be sawn off, a procedure which had caused great pain, was liable to conviction for cruelty. For an operation causing pain to be justifiable, it had to be carried out in pursuit of a legitimate aim that could not reasonably be attained through less painful means, and the pain inflicted had to be proportionate to the objective sought. The mere fact that the defendant believed that the procedure was necessary did not remove him from liability to conviction if, judged according to the circumstances that he believed to exist, his actions were not objectively justifiable.

Case
UK - Welfare - Protection of Animals (Anaesthetics) Act 1954 1954 c. 46

For historical purposes only. Law has been repealed and/or replaced. An Act to extend the provisions of the Protection of Animals Acts in relation to the performance of operations on animals. The statute provides a list of operations that may only be performed with the use of anaesthetic.

Statute
Scotland - Animal Welfare - Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020 2020 asp 14 This Act increased the maximum penalty for the most serious animal welfare and wildlife crimes in Scotland to five years imprisonment and unlimited fines. This includes penalties under the The Animal Health and Welfare (Scotland) Act 2006, the Wildlife and Countryside Act 1981, The Protection of Badgers Act 1992, the Wild Mammals (Protection) Act 1996, the Deer (Scotland) Act 1996, and other animal welfare related legislation in Scotland. These include the offence of unnecessary suffering and animal fighting. The Act also incorporated 'Finn's Law' which will prevent those that harm service animals in the course of their duties from claiming that they did so in self-defence. The Act also creates new powers (by way of future secondary legislation) to impose fixed penalty notices for less serious offences. Further, the Act restricts licensing for the killing of seals, and provides mountain hares with general protection from killing. Statute
Isted v. CPS (1998) 162 J.P. 513 [1998] Crim. L.R. 194; [1998] C.O.D. 86; (1998) 162 J.P.N. 663; The Times, December 11, 1997

The appellant was a keeper of livestock who had shot and injured a neighbor's dog that had strayed into the appellant's pig pen. He had been convicted of doing an act causing unnecessary suffering to the dog contrary to the Protection of Animals Act 1911, s 1(1)(a) (second limb). Dismissing the appeal, the Divisional Court held that the local justices were entitled to find as a matter of fact that it had not been reasonably necessary to shoot the dog.

Case
UK - Research Animals - Animals (Scientific Procedures) Act 1986 1986 CHAPTER 14 An Act to regulate the use of live vertebrate animals in research. Before a test on animals is given permission to proceed various licenses are required. These include: a personal license for each person carrying out the procedure, a project license for the programme of work, and an establishment license for the place in which the work is carried out. Each project must undergo a harm/ benefit analysis. This considers the potential benefits for humankind, the environment or other animals, against the pain, suffering, distress or lasting harm which the experimental animals may experience. Licence holders who lawfully use animals under the Act are exempted from the provisions of the Animal Welfare Act 2006, the Animal Health and Welfare (Scotland) Act 2006, and the Welfare of Animals Act (Northern Ireland) 2011. Section 24 of the Act makes it an offence to disclose any information relating to a regulated animal experiment which has been, or is reasonably believed to have been, given in confidence. Statute
UK - Riding - Riding Establishments Act 1970 1970 CHAPTER 32

An Act to confer further powers on local authorities with respect to the licensing of riding establishments and to amend the Riding Establishments Act 1964.

Statute
Rowley v. Murphy [1964] 2 QB 43 [1963] 3 WLR 1061; [1964] 1 All ER 50; 128 JP 88; 107 SJ 982

A deer being hunted with a pack of hounds jumped onto a road and fell under a stationery vehicle. Members of the hunt dragged the deer from under the vehicle to a nearby enclosure, where the Master of the hunt slit the deer's throat and killed it. The Divisional Court held that the Master could not be convicted of an offence of cruelty under the 1911 Act because, for the purposes of that Act, which protects only captive and domestic animals, a mere temporary inability to escape did not amount to a state of captivity.

Case
UK - Slaughter - The Welfare of Animals (Slaughter or Killing) Regulations 1995 1995 No. 731 Under these Regulations it is an offence to cause, or to permit, unavoidable excitement, pain or suffering to any animal during restraint, stunning, slaughter or killing. Statute

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