Ancillary Orders Consultation

Closes 4 Dec 2024

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Animal deprivation order

 

Guideline users should be aware that the Equal Treatment Bench Book covers important aspects of fair treatment and disparity of outcomes for different groups in the criminal justice system. It provides guidance which sentencers are encouraged to take into account wherever applicable, to ensure that there is fairness for all involved in court proceedings.
May be made by A magistrates’ court or the Crown Court 
Relevant legislation Animal Welfare Act 2006, section 33
Availability

If the person convicted of an offence under any of the following sections:

•             causing unnecessary suffering (s.4);

•             mutilation (s.5);

•             docking of dogs’ tails (ss.6(1) and 6(2));

•             administration of poisons etc. (s.7);

•             fighting etc. (s.8) and

•             breach of duty to ensure welfare (s.9)

is the owner of an animal in relation to which the offence was committed, the court may, instead of or in addition to dealing with them in any other way, make an order depriving them of ownership of the animal and for its disposal, including by destruction.

Where the owner of an animal is convicted of breaching an animal disqualification order under section 34(2)  the court by or before which the offender is convicted may, instead of or in addition to dealing with them in any other way, make an order depriving them of ownership of the animal and for its disposal, including by destruction.

Where the animal in respect of which an order is made has any dependent offspring, the order may include provision depriving the person to whom it relates of ownership of the offspring and for its disposal, including by destruction.
Content of the order

The order may:

  • appoint a person to carry out, or arrange for the carrying out of, the order;
  • require any person who has possession of an animal to which the order applies to deliver it up to enable the order to be carried out;
  • give directions with respect to the carrying out of the order;
  • confer additional powers (including power to enter premises where an animal to which the order applies is being kept) for the purpose of, or in connection with, the carrying out of the order;
  • order the offender to reimburse the expenses of carrying out the order.

The order may also

  • specify the manner in which an animal is to be disposed of, or
  • delegate the decision about the manner in which an animal is to be disposed of to a person appointed.
Reasons The court is required to give reasons if it decides not to make such an order, unless the court instead makes an order for disqualification under section 34(1) Animal Welfare Act 2006.

Sentencing guidelines that will include a drop down of this guidance:

  • Animal cruelty
  • Failure to ensure animal welfare
6. Do you have any comments on the content of the animal deprivation order guidance, or on the list of sentencing guidelines which will include this guidance?