Join WhatsApp group
PoliceStationRepUK
Log In

Breach of disqualification from keeping an animal

Animal offences — practical elements, sentencing links and station notes for accredited reps in England & Wales.

Animal offences

Breach of disqualification from keeping an animal

Animal Welfare Act 2006, s.34 / related breach provisions

England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.

Triable
Summary only
Maximum penalty
6 months’ custody

Actus reus

  • Breaches a disqualification imposed under Animal Welfare Act 2006, s.34(1) (s.34(9)). The order may bar owning, keeping, participating in keeping, dealing, or transporting animals.

Mens rea

  • Doing something the order prohibits. Knowledge of the order is usually proved by the making/service of it.

Defences

Conduct not within the terms of the order · No order in force · Not owning/keeping as the order defines it

Sentencing Council

Sentencing Council guideline effective 01 October 2018. Offence range: Discharge – 26 weeks’ custody.

View definitive guideline ↗

At the police station

Read the sealed s.34 order. s.34 is the power and the breach; s.32 is only the penalty table.

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.

More in Animal offences

Back to the full offences index

Sources & further reading

Links are to official publishers (legislation, gov.uk, CPS, LAA, Sentencing Council). Case law on this site is limited to entries in our verified case-law registry. Always confirm the current version before relying on it in live advice.