PART 3

Miscellaneous

Animal welfare

Penalties for animal welfare offences
48
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).
.