Commentary on provisions of Act
Section 1: Mode of trial and maximum penalty for certain animal welfare offences
- Section 32(1) of the Animal Welfare Act 2006 provides that particular offences should carry a maximum penalty of 51 weeks imprisonment and/or a level 5 fine.
- In practice, this results in a maximum penalty of 6 months and an unlimited fine. This is because section 32(5) specifies a maximum penalty of 6 months for offences committed before the commencement of section 281(5) of the Criminal Justice Act 2003. To date, this section has not been commenced.
- This section changes the maximum penalty available for the following offences only:
- causing unnecessary suffering (section 4, Animal Welfare Act 2006);
- carrying out a non-exempted mutilation (section 5, Animal Welfare Act 2006);
- docking the tail of a dog except where permitted (section 6(1) and 6(2), Animal Welfare Act 2006);
- administering a poison to an animal (section 7, Animal Welfare Act 2006); and
- involvement in an animal fight (section 8, Animal Welfare Act 2006.
- The existing maximum penalty, outlined above, is retained if the offender is summarily convicted. However offenders may now receive a higher penalty of up to 5 years imprisonment and/or an unlimited fine if they are convicted on trial by indictment.
- Under section 78 of the Powers of Criminal Courts (Sentencing) Act 2000 magistrates' courts do not have the power to impose penalties greater than six months. Section 154(1) of the Criminal Justice Act 2003 increased the maximum custodial sentence imposable by a magistrate's court to 12 months. However, to date this section has not been commenced and the new section 32(4A) of the Animal Welfare Act 2006 inserted by this section reflects this position.
Section 2: Extent, Commencement and Short Title
- This section provides that the Act extends to England and Wales; that the Act comes into force two months after Royal Assent; and that the application of revised maximum penalties is not retrospective and does not apply to offences committed before the Act comes into force. This section also specifies the short title of the Act.
