Animal Welfare: Sentencing

Ministry of Justice written question – answered on 2nd November 2015.

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Photo of Lord Browne of Belmont Lord Browne of Belmont DUP

To ask Her Majesty’s Government what guidance is provided to magistrates and judges about when it is appropriate to apply the maximum tariff available in cases of animal cruelty.

Photo of Lord Faulks Lord Faulks The Minister of State, Ministry of Justice

Animal cruelty is a summary offence with a maximum penalty of a level 5 (unlimited) fine and/or 6 months’ imprisonment. The maximum penalty for any offence is set by Parliament to deal with the most serious possible cases. Guidance on sentencing for this offence is contained in the Magistrates’ Courts Sentencing Guidelines, which are published by the independent Sentencing Council.

These are the sentencing starting points from the guidelines for animal cruelty, based on a first time offender pleading not guilty:

Examples of nature of activity

Starting point Range

Range

One impulsive act causing little or no injury;

short term neglect

Band C fine Band B fine to medium level community

Several incidents of deliberate ill-treatment/frightening

High level community order

Medium level community order to 12 weeks custody

Attempt to kill/torture; animal baiting/conducting or permitting cock-fighting etc.; prolonged neglect

18 weeks custody

12 to 26 weeks custody

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