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Causing unnecessary suffering to an animal

s.4Animal Welfare Act 2006

Causing a protected animal to suffer unnecessarily by an act or failure to act, or, as the person responsible for an animal, letting someone else do so.

Causing unnecessary suffering to an animal · Animal Welfare Act 2006, s.4Card 191 / 195

Points to prove

s.4(1)(a)An act, or failure to act, of theirs caused an animal to suffer
s.4(1)(b)They knew, or ought reasonably to have known, that it would or was likely to have that effect
s.4(1)(c)The animal is a protected animal
s.4(1)(d)The suffering was unnecessary
s.4(2)Or, being responsible for an animal, they permitted another person to cause it unnecessary suffering, or failed to take reasonable steps (by supervision or otherwise) to prevent it

Key definitions

Animal – s.1(1): a vertebrate other than man. The Act does not apply to foetal or embryonic forms.
Protected animal – s.2: an animal of a kind commonly domesticated in the British Islands, under the control of man (permanently or temporarily), or not living in a wild state.
Responsible – s.3: includes being in charge of the animal, on a permanent or temporary basis. An owner is always responsible. A person with care of a child under 16 is responsible for that child’s animals.
Unnecessary – s.4(3): the court considers whether the suffering could reasonably have been avoided or reduced; whether the conduct complied with any law, licence or code of practice; whether it had a legitimate purpose (such as benefiting the animal or protecting a person, property or another animal); whether it was proportionate; and whether it was the conduct of a reasonably competent and humane person.

Defences

Humane destruction – s.4(4): the section does not apply to destroying an animal in an appropriate and humane manner.
Service animals – s.4(3A): the “protecting a person, property or another animal” purpose is disregarded where the animal (such as a police dog or horse) was under the control of a constable, police staff member or prisoner custody officer and being used reasonably in the course of their duties, unless that officer is the defendant.

Good to know

Either way, with a 5-year maximum, for offences committed on or after 29 June 2021 (Animal Welfare (Sentencing) Act 2021). Earlier offences are summary only with a 6-month maximum.
Failing to meet an animal’s welfare needs is a separate, summary-only offence (s.9).
Powers: s.18 (animals in distress) and s.19 (entry for that purpose). On conviction the court can deprive the offender of the animal (s.33) and disqualify them from owning or keeping animals (s.34).

Legislation: Animal Welfare Act 2006, s.4 (opens legislation.gov.uk in a new tab)
Mode of trial: Either way
Maximum penalty: 5 years' imprisonment and/or a fine (on indictment); 12 months' imprisonment and/or a fine (summarily)
Last checked: 2 November 2026, against the current law on legislation.gov.uk

Causing unnecessary suffering to an animal: questions people ask

What are the points to prove for causing unnecessary suffering to an animal?

1. An act, or failure to act, of theirs caused an animal to suffer 2. They knew, or ought reasonably to have known, that it would or was likely to have that effect 3. The animal is a protected animal 4. The suffering was unnecessary 5. Or, being responsible for an animal, they permitted another person to cause it unnecessary suffering, or failed to take reasonable steps (by supervision or otherwise) to prevent it

What is the maximum sentence for causing unnecessary suffering to an animal?

5 years' imprisonment and/or a fine (on indictment); 12 months' imprisonment and/or a fine (summarily)

Is causing unnecessary suffering to an animal a summary, either-way or indictable offence?

Causing unnecessary suffering to an animal is an either-way offence: it can be tried in the magistrates’ court or the Crown Court.

What Act and section is causing unnecessary suffering to an animal?

Causing unnecessary suffering to an animal is an offence under the Animal Welfare Act 2006, s.4.

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