The Animal Welfare Act 2006

The Animal Welfare Act 2006 (“the Act”) is the principal law relating to the welfare of animals which seeks to promote and protect the welfare of animals in England and Wales.  

The Act makes it an offence to cause unnecessary suffering to animals and places a duty of care on owners and keepers for the welfare needs of their animals. This includes providing a suitable diet and appropriate accommodation, protecting the animal from disease, and ensuring that the animal exhibits normal behaviour. This applies to both a situation where the animal may suffer unnecessarily due to a failure to act or an action taken that would result in unnecessary suffering for the animals.

The Act places a duty of care on owners and keepers to ensure they take reasonable steps to meet the welfare needs of their animals to the extent required by good practice. The Department for Environment, Food and Rural Affairs (“DEFRA”) sets the good practice guidelines.

The Act is enforced by various authorities depending on the nature of the offences and the extent and type of animals involved. Animal welfare offences are usually prosecuted by the local authority, Crown Prosecution Service, Trading Standards, and RSPCA. Prosecutions are bound by strict time limits.

The powers available to the Court are considerably which include a disqualification from ownership of animals and/or a fine. The maximum sentence was six months in prison but this was extended to 5 years pursuant to the Animal Welfare (Sentencing) Act 2021.

Wilson Browne Solicitors specialises in defending people being prosecuted for animal welfare offences, from allegations to prosecutions brought by various authorities. We can provide advice and representation for any animal welfare investigation and defend against any prosecution brought by the appropriate authorities.