19Unnecessary sufferingS
(1)A person commits an offence if—
(a)the person causes a protected animal unnecessary suffering by an act, and
(b)the person knew, or ought reasonably to have known, that the act would have caused the suffering or be likely to do so.
(2)A person who is responsible for an animal commits an offence if—
(a)the person causes the animal unnecessary suffering by an act or omission, and
(b)the person knew, or ought reasonably to have known, that the act or omission would have caused the suffering or be likely to do so.
(3)A person (“person A”) who is responsible for an animal commits an offence if—
(a)another person causes the animal unnecessary suffering by an act or omission, and
(b)person A—
(i)permits that to happen, or
(ii)fails to take such steps (whether by way of supervising the other person or otherwise) as are reasonable in the circumstances to prevent that happening.
(4)The considerations to which regard is to be had in determining, for the purposes of subsections (1) to (3), whether suffering is unnecessary include—
(a)whether the suffering could reasonably have been avoided or reduced,
(b)whether the conduct concerned was in compliance with any relevant enactment or any relevant provisions of a licence or code of practice issued under an enactment,
(c)whether the conduct concerned was for a legitimate purpose, for example—
(i)the purpose of benefiting the animal, or
(ii)the purpose of protecting a person, property or another animal,
(d)whether the suffering was proportionate to the purpose of the conduct concerned,
(e)whether the conduct concerned was in the circumstances that of a reasonably competent and humane person.
[F1(4A)In determining for the purposes of subsection (1) whether suffering is unnecessary in a case where it was caused by conduct for a purpose mentioned in subsection (4)(c)(ii), the fact that the conduct was for that purpose is to be disregarded if—
(a)the animal was under the control of a relevant officer at the time of the conduct,
(b)it was being used by that officer at that time, in the course of the officer's duties, in a way that was reasonable in all the circumstances, and
(c)that officer is not the person accused of committing the offence under subsection (1).
(4B)In subsection (4A), “relevant officer” means—
(a)a constable,
(b)a special constable within the meaning of section 9 of the Police and Fire Reform (Scotland) Act 2012,
(c)a person (other than a constable or a special constable) who has the powers of a constable or is otherwise employed or engaged to carry out, or assist in the carrying out of, police functions (within the meaning of section 99(1) of that Act),
(d)a prisoner custody officer within the meaning of section 114 of the Criminal Justice and Public Order Act 1994.
(4C)The Scottish Ministers may by regulations modify subsection (4B) to—
(a)add to the categories of person specified in subsection (4B) other categories of person in the public service of the Crown,
(b)vary any category of person for the time being specified in subsection (4B),
(c)remove any category of person for the time being so specified.]
(5)This section does not apply to the destruction of an animal in an appropriate and humane manner.
Textual Amendments
F1S. 19(4A)-(4C) inserted (30.11.2020) by Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020 (asp 14), ss. 3, 22(2); S.S.I. 2020/379, reg. 2(1), sch. (with reg. 3)
Commencement Information
I1S. 19 in force at 6.10.2006 by S.S.I. 2006/482, art. 2