Animal Health and Welfare (Scotland) Act 2006

19 Unnecessary suffering

(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.

(5) This section does not apply to the destruction of an animal in an appropriate and humane manner.