RSPCA Investigations & Prosecutions

The Animal Welfare Act 2006 is the principal legislation relating to animal welfare, the following Sections are commonly referenced in RSPCA investigations and private prosecutions:

Section 4 - Causing unnecessary suffering:

A person commits an offence if:

1. an act of his, or a failure of his to act, causes an animal to suffer,
2. he knew, or ought reasonably to have known, that the act, or failure to act, would have that effect or be likely to do so,
3. the animal is a protected animal, and
4. the suffering is unnecessary.

Section 5 - Mutilation:

A person commits an offence if:

1. he carries out a prohibited procedure on a protected animal;
2. he causes such a procedure to be carried out on such an animal.

Section 7 - Administrating Poisons:

A person commits an offence if, without lawful authority or reasonable excuse, he:

1. administers any poisonous or injurious drug or substance to a protected animal, knowing it to be poisonous or injurious, or
2. causes any poisonous or injurious drug or substance to be taken by a protected animal, knowing it to be poisonous or injurious.

Section 8 - Fighting:

A person commits an offence if he:

1. causes an animal fight to take place, or attempts to do so;
2. knowingly receives money for admission to an animal fight;
3. knowingly publicises a proposed animal fight;
4. provides information about an animal fight to another with the intention of enabling or encouraging attendance at the fight;
5. makes or accepts a bet on the outcome of an animal fight or on the likelihood of anything occurring or not occurring in the course of an animal fight;
6. takes part in an animal fight;
7. has in his possession anything designed or adapted for use in connection with an animal fight with the intention of its being so used;
8. keeps or trains an animal for use for in connection with an animal fight;
   1. keeps any premises for use for an animal fight.

Section 9 - Duty of person responsible for animal to ensure welfare:

1. A person commits an offence if he does not take such steps as are reasonable in all the circumstances to ensure that the needs of an animal for which he is responsible are met to the extent required by good practice.

The RSPCA will investigate upon receiving a complaint or suspicion of an offence, which will be assigned to an inspector responsible for assessing and determining whether any offences have occurred.

After the inspector evaluates the alleged offences, if any are suspected, attempts will be made to conduct interviews. It should be noted that the RSPCA does not have the legal authority to gather evidence or compel you to participate in questioning.
The inspector will also attempt to obtain the following:

• Expert advice (e.g., veterinary advice)
• CCTV
• Phone footage
• Photographs
• Witness statements

The inspector will prepare a case file that the RSPCA’s prosecution team will review, ensuring it meets both the evidential and public interest tests required for a prosecution.

If an individual or business is found guilty of offences under the Animal Welfare Act 2006, the Court can impose various punishments, including:

• An unlimited fine
• A custodial sentence of up to 5 years
• Seizure or destruction of an animal or animals
• Disqualification from keeping an animal or animals for a specific period of time
• Disqualification from keeping an animal or animals for a life
• Repayment of RSPCA legal costs

Other consequences include negative media attention and reputational damage which can lead to financial instability, sometimes even causing businesses to shut down.

As soon as you suspect you or your business has been reported to the RSPCA or if you receive any correspondence from them, it is crucial to seek legal advice immediately. Expert guidance and professional defence by a solicitor are essential to achieve the best possible outcome.