PART 3Miscellaneous

Animal welfare

Penalties for animal welfare offences48

(1)

In section 31 of the Welfare of Animals Act (Northern Ireland) 2011 (penalties), in subsection (1) (summary-only offences), omit “8(3),” and “, 33(9), 40(7)”.

(2)

After that subsection insert—

“(1A)

A person guilty of an offence under section 4 or 8(1) or (2) shall be liable—

(a)

on summary conviction, to imprisonment for a term not exceeding 12 months, or to a fine not exceeding £20,000, or both;

(b)

on conviction on indictment, to imprisonment for a term not exceeding 5 years, or to a fine, or both.”.

(3)

In subsection (2) of that section (hybrid offences)—

(a)

omit “4,”, and

(b)

for “and 8(1) and (2)” substitute “, 8(3), 33(9) and 40(7)”.

(4)

In that subsection, in paragraph (b), for “2 years” substitute “5 years”.

(5)

In each of the following provisions of that Act, for “8(1) and (2)” substitute “8”—

(a)

section 32(1) (deprivation);

(b)

section 33(10) (disqualification);

(c)

section 36(1) (destruction in interests of animal).

(6)

In each of the following provisions of that Act, for “8(1) or (2)” substitute “8”—

(a)

section 36(6) (destruction in interests of animal);

(b)

section 37(1) (destruction of animals involved in fighting offences);

(c)

section 38(1) (reimbursement of expenses relating to animals involved in fighting offences).

(7)

In Article 29(1) of the Magistrates’ Courts (Northern Ireland) Order 1981 (right to claim trial by jury subject to exceptions), after sub-paragraph (o) insert—

“(p)

section 4 or 8(1) or (2) of the Welfare of Animals Act (Northern Ireland) 2011 (unnecessary suffering; fighting).”.