Overview

This bill amends the Animal Welfare Act 2006 to clarify that necessary suffering inflicted on a service animal by a relevant officer during the course of their duties is not considered an offense. This ensures that actions taken by police officers or other law enforcement personnel using service animals are not prosecuted under existing animal welfare laws, provided their actions are reasonable in the circumstances.

Description

The bill modifies Section 4 of the Animal Welfare Act 2006, which addresses causing unnecessary suffering to protected animals. A new subsection (3A) is added, stating that if suffering is caused to a service animal by a "relevant officer" in the course of their duties, and this action was reasonable, the fact the conduct caused suffering is disregarded when determining whether the suffering was unnecessary.

Definition of "relevant officer": This includes police constables, individuals with constable powers, those employed for police purposes, and prison custody officers. The Secretary of State can amend this list through regulations. Crucially, the officer causing the suffering cannot be the defendant in any subsequent prosecution.

The bill also amends Section 61(2) to include the new subsection (4(3C)) within the affirmative resolution procedure for regulations. The Act applies only to England and Wales and comes into force two months after it is passed.

Government Spending

The bill is unlikely to significantly impact government spending. The primary effect is a change in legal interpretation and procedure, not a significant financial commitment. No figures are provided in the bill text.

Groups Affected

• Police officers and other law enforcement: The bill offers them clearer legal protection when using service animals in their duties, protecting them from potential prosecution for actions deemed necessary within the confines of the law.
• Service animals: The bill does not directly benefit service animals; rather, its aim is to clarify the law around potential harm inflicted in the line of duty.
• Animal welfare organizations: The bill's impact on their work is likely to be minimal but may raise concerns regarding potential harm to animals.

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