Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020

Protecting police dogs etc. from unnecessary suffering

3 Harming a service animal

In section 19 (unnecessary suffering) of the 2006 Act, after subsection (4) insert—

“(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.”.”.