a. Animal cruelty
Under section 4 of the Animal Welfare Act 2006, it is an offence to do, or fail to do, anything that results in the unnecessary suffering of a domesticated animal for which you are responsible. Your dog can be seized and you can be prosecuted. If convicted, you could face a maximum sentence of up to 5 years imprisonment and an unlimited fine. You could also be deprived of your dog and disqualified from keeping dogs in the future.
b. Failure to ensure your dog’s welfare
Section 9 of the Animal Welfare Act 2006 states that it is your legal responsibility to ensure that your dog:
The police may take your dog away if you fail to look after it properly. You could also face a prison term or a fine and be disqualified from having pets.
What Happens When Your Dog is Seized by the Police?
After removing the dog from your home, the police will take it to one of their kennels.
They have the power to keep your dog until the conclusion of any court proceedings, thus leaving it up to the court to decide whether to make a destruction order or whether to allow your dog to come home subject to conditions.
If your dog is found to be a prohibited type of dog then you will have to obtain a Certificate of Exemption before he can be returned to you, although in some cases, the police may allow your dog to be returned to you under the Interim Exemption Scheme provided certain conditions are complied with.
Sometimes, certain cases can be resolved without the need for prosecution or for the police to take your dog away. For instance, if you have been accused of neglecting your dog, the RSPCA can serve an Improvement Notice that will enable you to remedy your dog’s unsatisfactory living conditions.
If you have been found to have committed an offence under the Dangerous Dogs Act, rather than prosecuting you, the police can give you the opportunity to enter into a written agreement to keep your dog under control. They may also decide to issue a police caution as an alternative to filing a case against you.