Ancillary Orders Consultation

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.

A court may make a disqualification order where an offender is convicted of one of the following offences under the Animal Welfare Act 2006:

• 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);
• breach of duty to ensure welfare (s.9);
• breach of licensing or registration requirements (s.13(6) and 13(9)).

The court may instead of, or in addition to, dealing with the offender in any other way, make a disqualification order.

The order may disqualify the offender from:

• owning or keeping animals;
• participating in the keeping of animals;
• being party to an arrangement under which they are entitled to control or influence the way in which animals are kept;
• dealing in animals; and/or
• transporting or arranging the transport of animals.

In imposing a disqualification order the court can impose an all animals order involving a prohibition against owning or keeping etc any animal or an order limited to a certain type of animal. An order cannot specify a number of animals that can be kept etc.

The purpose of a disqualification order is to protect the future welfare of animals.

For such period as the court thinks fit.

The court may specify a period during which the offender may not make an application under section 43(1) for termination of the order.

The court is required to give reasons if it decides not to make such an order.

Breach of a disqualification order is a criminal offence, maximum penalty six months' custody or an unlimited fine. 

Breach of disqualification from keeping an animal.