What UK Animal Welfare Act 2006 Section 4 - Unnecessary Suffering requires
A person commits an offence under Section 4 if an act or failure to act causes a protected animal to suffer, the person knew or ought reasonably to have known the act would cause suffering, and the suffering is unnecessary. A separate offence applies where the suffering is caused by another and the responsible person permitted it or failed to take reasonable preventive steps. Courts assess necessity by reference to avoidability, lawful compliance, legitimate purpose, proportionality, and the standard of a reasonably competent and humane person. Humane destruction is excluded from the offence.
Pillar: Agriculture & Agritech · Authority: Parliament of the United Kingdom · Version: 1.0.0 · Last updated:
Primary source: https://www.legislation.gov.uk/ukpga/2006/45/section/4
SHA-256 integrity: dde25c1bdbf38c389656c35be7f6a748f43eb2c3bd8f7ff04d2512ed0cb8e327
Primary Citations — 8 traced to source
- Animal Welfare Act 2006 (c. 45) Section 4 (Unnecessary suffering) subsection (1): 'A person commits an offence if (a) an act of his, or a failure of his to act, causes an animal to suffer, (b) he knew, or ought reasonably to have known, that the act, or failure to act, would have that effect or be likely to do so, (c) the animal is a protected animal, and (d) the suffering is unnecessary.' (legislation.gov.uk/ukpga/2006/45/section/4)
- Animal Welfare Act 2006 Section 4(2): a person commits an offence if he is responsible for an animal, an act or failure to act of another person causes the animal to suffer, he permitted that to happen or failed to take such steps as were reasonable in all the circumstances to prevent it happening, and the suffering is unnecessary.
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