CREDITS TO ---
https://api.worldanimalprotection.org/country/united-kingdom
https://www.australiannationalcharactercheck.com.au/
https://laws-lois.justice.gc.ca/
U.S.A –
Summary of provisions of the AWA
The AWA is, in the main, a regulatory law that seeks to control who may possess or sell certain animals and the living conditions under which the animals must be kept. The law provides for criminal penalties, civil penalties and revocation of permits for violations of the AWA.
1. The animals covered by the Act include dogs, cats, primates and other mammals, but excluding birds, rats and mice.
2. The individuals who must either obtain a permit to buy and sell listed animals or register for their use includes dealers of animals, exhibitors of animals, and research facilities that use listed animals, but, pet owners, agriculture use and retail pet stores are not under the control of the law.++++++++9-+
3. There are limitations/regulations on how animal may enter the controlled chain of commerce, to eliminate the use of stolen animals.
4. There are limitations/regulations on the environmental conditions under which the animals must be kept.
5. Research facilities may purchase listed animals only from licensed dealers.
6. Those who transport the listed animals must comply with published regulations governing the well-being of the animals.
7. Research facilities must create an Animal Care Committees to review the use of animals by the facility and inspect the animal housing facilities.
8. Research facilities must abide by legal restrictions on the imposition of pain during research.
9. Research facilities must comply with extensive regulations concerning the housing and care of animals used in research.
10. In a separate provision, it is made illegal for any person to knowingly sponsor or exhibit an animal in any animal fighting venture to which any animal was moved in interstate or foreign commerce.
UNITED KINGDOM
In England and Wales, an offence under Section 4 of the Animal Welfare Act 2006 (causing unnecessary suffering to animals) is punishable with imprisonment of up to six months ) and/or a fine of up to £20,000 (Section 32). The court also has powers to confiscate animals (Section 33) and to make disqualification orders (Section 34).
Similar provisions exist in the Welfare of Animals Act (Northern Ireland) 2011 (Sections 31 to 33): for a summary conviction, penalties up to six months imprisonment and/or a fine up to the statutory maximum for summary conviction; for indictment, up to two years imprisonment and/or a fine. In the Animal Health and Welfare (Scotland) Act 2006 (Sections 46, 39 and 40), cruelty offences are punished with penalties of up to twelve months imprisonment and/or a fine up to £20,000.
Following many years of campaigning from animal-welfare charities, on 26 June 2019, then Secretary of State for DEFRA Michael Gove announced the new Animal Welfare (Sentencing) Bill which, if it had been passed, would have meant that animal abusers in England and Wales could face up to five years in prison, a significant increase from the current maximum sentence of six months. The increased sentences would have better reflected the severity of cruelty cases seen in England and Wales and brought us in line with Northern Ireland and other European countries, where convicted animal abusers can be jailed for up to five years. However, in September and October 2019, Parliament was suspended before the Animal Welfare (Sentencing) Bill could complete its progress through Parliament and become law. Whilst it was re-announced in the Queen’s Speech of 14 October 2019, introduced in the new session and completed the committee stage in the House of Commons, the Bill has now fallen as the UK parliament dissolved on 6 November 2019. It is anticipated that this Bill will be introduced in the next Parliamentary session and will pass into law, since it has received cross-party support.
On 1 February 2019, the Scottish government launched a consultation on plans to increase the maximum punishment for animal cruelty to 12 months to five years in prison, along with a proposal for an unlimited fine and tougher penalties that could also apply to attacks against service animals, thereby potentially supporting the initiative known as ‘Finn’s Law’. The results of the consultation have now been processed and published but legislation is yet to be announced.
CANADA
CAn Act to amend the Criminal Code (cruelty to animals)
S.C. 2008, c. 12
Assented to 2008-04-17
An Act to amend the Criminal Code (cruelty to animals)
SUMMARY
This enactment amends the Criminal Code to increase the maximum penalties for animal cruelty offences.
R.S., c. C-46
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
1. Sections 444 to 447 of the Criminal Code are replaced by the following:
Marginal note:Injuring or endangering cattle
• 444. (1) Every one commits an offence who wilfully
o (a) kills, maims, wounds, poisons or injures cattle; or
o (b) places poison in such a position that it may easily be consumed by cattle.
• Marginal note:Punishment
(2) Every one who commits an offence under subsection (1) is guilty of
o (a) an indictable offence and liable to imprisonment for a term of not more than five years; or
o (b) an offence punishable on summary conviction and liable to a fine not exceeding ten thousand dollars or to imprisonment for a term of not more than eighteen months or to both.
Marginal note:Injuring or endangering other animals
• 445. (1) Every one commits an offence who, wilfully and without lawful excuse,
o (a) kills, maims, wounds, poisons or injures dogs, birds or animals that are not cattle and are kept for a lawful purpose; or
o (b) places poison in such a position that it may easily be consumed by dogs, birds or animals that are not cattle and are kept for a lawful purpose.
• Marginal note:Punishment
(2) Every one who commits an offence under subsection (1) is guilty of
o (a) an indictable offence and liable to imprisonment for a term of not more than five years; or
o (b) an offence punishable on summary conviction and liable to a fine not exceeding ten thousand dollars or to imprisonment for a term of not more than eighteen months or to both.
CRUELTY TO ANIMALS
Marginal note:Causing unnecessary suffering
• 445.1 (1) Every one commits an offence who
o (a) wilfully causes or, being the owner, wilfully permits to be caused unnecessary pain, suffering or injury to an animal or a bird;
o (b) in any manner encourages, aids or assists at the fighting or baiting of animals or birds;
o (c) wilfully, without reasonable excuse, administers a poisonous or an injurious drug or substance to a domestic animal or bird or an animal or a bird wild by nature that is kept in captivity or, being the owner of such an animal or a bird, wilfully permits a poisonous or an injurious drug or substance to be administered to it;
o (d) promotes, arranges, conducts, assists in, receives money for or takes part in any meeting, competition, exhibition, pastime, practice, display or event at or in the course of which captive birds are liberated by hand, trap, contrivance or any other means for the purpose of being shot when they are liberated; or
o (e) being the owner, occupier or person in charge of any premises, permits the premises or any part thereof to be used for a purpose mentioned in paragraph (d).
• Marginal note:Punishment
(2) Every one who commits an offence under subsection (1) is guilty of
o (a) an indictable offence and liable to imprisonment for a term of not more than five years; or
o (b) an offence punishable on summary conviction and liable to a fine not exceeding ten thousand dollars or to imprisonment for a term of not more than eighteen months or to both.
• Marginal note:Failure to exercise reasonable care as evidence
(3) For the purposes of proceedings under paragraph (1)(a), evidence that a person failed to exercise reasonable care or supervision of an animal or a bird thereby causing it pain, suffering or injury is, in the absence of any evidence to the contrary, proof that the pain, suffering or injury was caused or was permitted to be caused wilfully, as the case may be.
• Marginal note:Presence at baiting as evidence
(4) For the purpose of proceedings under paragraph (1)(b), evidence that an accused was present at the fighting or baiting of animals or birds is, in the absence of any evidence to the contrary, proof that he or she encouraged, aided or assisted at the fighting or baiting.
Marginal note:Causing damage or injury
• 446. (1) Every one commits an offence who
o (a) by wilful neglect causes damage or injury to animals or birds while they are being driven or conveyed; or
o (b) being the owner or the person having the custody or control of a domestic animal or a bird or an animal or a bird wild by nature that is in captivity, abandons it in distress or wilfully neglects or fails to provide suitable and adequate food, water, shelter and care for it.
• Marginal note:Punishment
(2) Every one who commits an offence under subsection (1) is guilty of
o (a) an indictable offence and liable to imprisonment for a term of not more than two years; or
o (b) an offence punishable on summary conviction and liable to a fine not exceeding five thousand dollars or to imprisonment for a term of not more than six months or to both.
• Marginal note:Failure to exercise reasonable care as evidence
(3) For the purposes of proceedings under paragraph (1)(a), evidence that a person failed to exercise reasonable care or supervision of an animal or a bird thereby causing it damage or injury is, in the absence of any evidence to the contrary, proof that the damage or injury was caused by wilful neglect.
Marginal note:Keeping cockpit
• 447. (1) Every one commits an offence who builds, makes, maintains or keeps a cockpit on premises that he or she owns or occupies, or allows a cockpit to be built, made, maintained or kept on such premises.
• Marginal note:Punishment
(2) Every one who commits an offence under subsection (1) is guilty of
o (a) an indictable offence and liable to imprisonment for a term of not more than five years; or
o (b) an offence punishable on summary conviction and liable to a fine not exceeding ten thousand dollars or to imprisonment for a term of not more than eighteen months or to both.
• Marginal note:Confiscation
(3) A peace officer who finds cocks in a cockpit or on premises where a cockpit is located shall seize them and take them before a justice who shall order them to be destroyed.
Marginal note:Order of prohibition or restitution
• 447.1 (1) The court may, in addition to any other sentence that it may impose under subsection 444(2), 445(2), 445.1(2), 446(2) or 447(2),
o (a) make an order prohibiting the accused from owning, having the custody or control of or residing in the same premises as an animal or a bird during any period that the court considers appropriate but, in the case of a second or subsequent offence, for a minimum of five years; and
o (b) on application of the Attorney General or on its own motion, order that the accused pay to a person or an organization that has taken care of an animal or a bird as a result of the commission of the offence the reasonable costs that the person or organization incurred in respect of the animal or bird, if the costs are readily ascertainable.
• Marginal note:Breach of order
(2) Every one who contravenes an order made under paragraph (1)(a) is guilty of an offence punishable on summary conviction.
• Marginal note:Application
(3) Sections 740 to 741.2 apply, with any modifications that the circumstances require, to orders made under paragraph (1)(b).
PROLAYSANKARDEYSVO
STOP CRUELTY AND ABUSE TO THE ANIMALS
YOU MAY ALSO VISIT ---LOVE AND CARE
(INDIA- AREA CODE -7432335)
PURPOSE - RESQUE OF ABANDONED , INJURED AND UNOWNED ANIMAL WITH BASIC MEDICAL CARE .
.jpg)
0 Comments