CPS must take the lead in animal welfare prosecutions

The Government has announced a new Bill to enable increased prison sentences for the worst cases of animal cruelty, which has been introduced into Parliament today (Wednesday 26 June).

The Animal Welfare (Sentencing) Bill means that animal abusers could face up to five years in prison, a significant increase from the current maximum sentence of six months. This reflects one of the recommendations from the House of Commons EFRA Committee's report into animal welfare in the last Parliament.

The Countryside Alliance welcomes this Bill but has expressed concern that other recommendations from the EFRA Committee have not been implemented, including the recommendation that the RSPCA should refrain from acting as a prosecutor of first resort.

Animal welfare, perhaps more than any other area of law, currently relies on private enforcement and prosecution, particularly by the RSPCA. The EFRA Committee considered this issue during the 2016 inquiry and whether the current arrangements are serving the public interest, charitable law, and animal welfare. The Committee concluded that the RSPCA should "withdraw from acting as a prosecutor of first resort where there are statutory bodies with a duty to carry out this role. We are not convinced by its arguments that it is in a better position than the CPS to prosecute animal welfare cases".

Countryside Alliance Chief Executive, Tim Bonner, said: "It is right that the worse cases of animal cruelty receive custodial sentences and we fully support the increase in the maximum sentence from six months to five years.

"Increased sentences mean that the power and authority of those who enforce and prosecute animal welfare offences will be significantly strengthened. It is therefore even more important that there is proper accountability and transparency in all prosecutions. It is generally accepted that there should be a separation between the investigation of offences and the decision to prosecute. The EFRA Committee found that the situation of the RSPCA bringing private prosecutions alongside its investigative, campaigning and fundraising functions does not provide "the necessary separation to ensure that there is no conflict of interest".

"While the RSPCA has an invaluable role in investigating allegations of animal mistreatment, the increase in sentencing should come with clear guidance from the Government that animal welfare offences should be prosecuted by statutory authorities, except in exceptional circumstances."