Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what assessment he has made of trends in the level of the use of custodial sentences for animal cruelty offences since the Animal Welfare (Sentencing) Act 2021 became law.

When deciding what sentence to impose the courts are required to take into account the circumstances of the offence and the offender, including the culpability of the offender and the harm they caused. In setting a sentence, courts must follow any relevant sentencing guidelines issued by the Sentencing Council, unless it is not in the interests of justice to do so.

In July 2023, the Council issued a guideline on animal cruelty, which provides the Court with guidance on factors that should be considered, which may affect the sentence given. It sets out different levels of sentence based on the harm caused and how culpable the offender is. This is available on its website at: https://sentencingcouncil.org.uk/guidelines/animal-cruelty/.

As with all the guidelines it issues, the Council will monitor the operation of this guideline and will evaluate its effect after it has been in force for a period of time to allow sufficient evidence to be gathered and analysed.

The Animal Welfare (Sentencing) Act 2021 increased the maximum sentences for these offences, making them triable either way and now carrying a maximum penalty of five years’ imprisonment and/or unlimited fine (an increase from six months).

The Ministry of Justice publishes data on immediate custody sentences for animal cruelty in England and Wales in the Outcomes by Offences data tool. This can be downloaded from the Criminal Justice Statistics landing page here: Criminal Justice Statistics.

The Government keeps the sentencing framework, including maximum penalties, under review.