The Problem: Leniency in sentencing

While the law provides for penalties of up to five years’ imprisonment and unlimited fines for the most serious offences, these punishments are rarely enforced to their full extent. The leniency undermines justice for animals and fails to deter repeat offenders.

From 2016 to 2020, Department of Justice figures revealed that just 28 custodial sentences were handed down in Northern Ireland for animal welfare offences. Recent cases illustrate the disparity between the severity of crimes and the leniency of sentences:

  • The Henry Case (2022): A defendant with a prior animal cruelty conviction and banned from owning animals was found guilty of causing unnecessary suffering to a Labrador cross. Despite the horrific nature of the abuse and the possibility of a 12-month prison sentence, the defendant received a mere three-month suspended sentence.
  • Coleraine Case (2023): An individual who admitted to kicking a cat to death received a three-month custodial sentence. The injuries were so severe that the attending veterinarian initially thought the cat had been hit by a car.

Although the Justice Act (Northern Ireland) 2016 increased the maximum sentence for causing unnecessary suffering to an animal, the sentencing guidelines in Northern Ireland have not been updated since 2011, creating a significant gap between legislative changes and judicial practices.

The USPCA's recommendations

To ensure justice for animals and improve the judicial response to animal welfare crimes, the USPCA is calling for the following changes:

  • Updated Sentencing Guidelines: Northern Ireland’s sentencing framework requires a new guideline judgment from the highest criminal court to reflect legislative changes introduced in 2016. The rest of the UK offers more recent guidance, yet local Magistrates’ Courts rely on outdated case law from before the maximum sentencing reforms.
  • Community Impact Statements: Judges should consider community impact statements during sentencing. These statements provide a legitimate way for the public to convey the societal harm caused by animal abuse, ensuring the community’s voice is heard in court.
  • Standard Use of Disqualification and Deprivation Orders: Offenders convicted under Section 4 of the Welfare of Animals Act (NI) 2011 should be routinely disqualified from keeping animals. Judges should also be required to consider removing any animals in their care to prevent further harm.
     

Why stronger sentences matter

Stronger sentences are vital to:

  • Act as a deterrent to potential offenders
  • Ensure justice for animals who suffer unimaginable cruelty
  • Promote public confidence in the judicial system
  • Protect communities from repeat offenders

Demand justice for animals

The USPCA is calling on policymakers, legal professionals, and the public to advocate for stronger sentences in cases of animal welfare crimes. Sign our petition today to ask for updates to Northern Ireland’s sentencing guidelines and ensure the law protects those who cannot speak for themselves.

Together, we can create a judicial system that takes animal welfare seriously and ensures abusers are held accountable.