Animal offences
Failure to ensure animal welfare
England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.
- Triable
- Summary only
- Maximum penalty
- Unlimited fine and/or 6 months
Actus reus
- A person responsible for an animal does not take such steps as are reasonable in all the circumstances to ensure that the animal’s needs are met to the extent required by good practice (Animal Welfare Act 2006, s.9(1)).
- Needs include a suitable environment and diet, normal behaviour, housing with or apart from other animals, and protection from pain, suffering, injury and disease (s.9(2)). Lawful purpose/activity is relevant (s.9(3)). Humane destruction is excluded (s.9(4)).
Mens rea
- s.9 is a failure to take reasonable steps. It is not the s.4 unnecessary-suffering offence and does not require proof that the animal in fact suffered.
Defences
Not responsible for the animal · Reasonable steps were taken in all the circumstances · Needs were met to the extent required by good practice · The charge is really s.4 (unnecessary suffering) — different elements
Sentencing Council
Sentencing Council guideline effective 01 July 2023. Offence range: Band A fine – 26 weeks’ custody.
At the police station
Vet evidence and who was responsible that week are the first asks. Do not collapse this into s.4 cruelty.
When to involve a rep or solicitor
Police station advice is free under legal aid and is not means-tested.
Authoritative sources for this page
Statute plus Sentencing Council (and CPS where listed) are the two primary sources we used for mode of trial, maximum and elements. Case links are from our verified registry only.
- Statute:Animal Welfare Act 2006, s.9 ↗
- Sentencing Council:Sentencing Council definitive guideline ↗