Leducate Explains: History of Animals Laws

 

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In the first article of this series, we will be considering the history of animal law in England and Wales and how it has evolved over time. This series will consider various animal law issues such as the legal status of animals and the issue of animal rights, the property status of animals and animal experimentation in the UK.

Introduction

Whilst there are presently many animal law statutes that deal with issues relating to all aspects of animal welfare, historically there was very little legal protection for animals in England and Wales and animal cruelty was widespread.

Many philosophers have attempted to describe our relationship with animals over the years, ranging from René Descartes in the 17th century (who believed that animals did not have a soul and so could feel neither pain nor suffering), to Jeremy Bentham in the 18th century (who believed that animals were ‘sensitive beings’ who should be treated ethically).

It was philosophers like Bentham who started to change human attitudes about animals, and it was in 1800 that the first animal welfare legislation in England was proposed. This came in the form of a Bull-Baiting Bill, which attempted to prohibit the use of bulls for fighting against other animals for entertainment. This Bill was ultimately unsuccessful and was not passed due to opposition for many reasons, including that it was considered a ‘sport’, similar to the then popular pastimes of hunting and shooting.

After another unsuccessful attempt at a Bull-Baiting Bill in 1802, an Act formally titled ‘An Act to prevent the cruel and improper Treatment of Cattle’ (but often referred to as ‘Martin’s Act’) was passed. Martin’s Act was the first piece of legislation passed in England that was specifically intended to prohibit cruelty against any type of animal. Martin’s Act made it an offence for any person to beat or cruelly treat various types of animals used for cattle including horses, cows and sheep, punishable by a fine of up to five pounds (approximately £375 in August 2022).

The Society for the Prevention of Cruelty to Animals (SPCA)

In order to enforce animal cruelty legislation, the Society for the Prevention of Cruelty to Animals (SPCA) was formed in 1824, becoming the first animal cruelty organisation in England (and the world!). The purpose of the SPCA was to help to alleviate the suffering and poor treatment of animals which they attempted to do via education and enforcement, the latter of which has continued up until recently (January 2021) when the Society announced that they were making plans to stop prosecuting cases of animal abuse and to transfer this task to the CPS (Crown Prosecution Service).

Despite going through several years of financial hardship in the beginning, the SPCA was granted royal status by Queen Victoria in 1840, and so became the Royal Society for the Prevention of Cruelty to Animals, or RSPCA, as it is known today. The RSPCA became a vital organisation in both educating and prosecuting those who broke animal welfare laws, at a time when there was very little being done to enforce animal cruelty laws. The RSPCA continues to be an important animal welfare organisation today.

Various animal protection statutes were created and brought into law between 1840 – 1911, ranging all the way from the first animal experimentation laws, protection of wildlife laws and various animal cruelty statutes. In 1911, the Protection of Animals Act 1911 was enacted, making it an offence to do a variety of things to animals, including:

  • Cruelly beating them;

  • Kicking them;

  • Generally ill-treating them;

  • As well as causing an animal any unnecessary suffering either:

    • Intentionally;

    • Or by omission (failing to do something).

This Act was important as it brought together, clarified and extended several pieces of animal protection legislation and it continues to be the basis of the current animal protection legislation in England and Wales.

The Animal Welfare Act 2006

The Animal Welfare Act 2006 is the current Act that protects the welfare of non-wild vertebrate animals, including making it an offence to cause an animal to undergo unnecessary suffering (1). The Act also places a duty on owners of animals to prevent their suffering.

This is in contrast with law before the Animal Welfare Act (AWA), which was reactive – meaning that legal intervention was carried out once an animal had already experienced some kind of suffering. The AWA, then, is a very important piece of legislation for animal welfare protection. However, as it only covers certain types of animals (e.g. it does not cover wild animals), many other statutes have been enacted to help protect the welfare of different types of animals across different types of situations. Examples include: 

  • The Wildlife and Countryside Act 1981 protects wild birds and some other animals from certain offences such as poaching; 

  • The Wild Mammals Protection Act 1996 protects all wild animals from deliberate acts of cruelty;

  • Statutes such as the Welfare of Farmed Animals (England) 2007 to protect the welfare of farm animals, and;

  • The Animals (Scientific Procedures) Act 1986 regulates animal experimentation within the UK.

The above statutes are just a few of the many statutes that try to improve animal welfare and regulate the usage of animals in England and Wales. Committing an offence under these Acts can result in punishment ranging from formal warnings and fines to imprisonment. Moreover, there are several statutes that do not directly relate to animals, but that are used in relation to animals in certain circumstances – such as the Theft Act 1968 which is currently used in cases of animal theft.

Though the history of animal law in England is long and complex, this article has given you a brief introduction to the historical background of the animal protection laws currently in force in England and Wales and modern legislation has certainly come a long way in protecting animal welfare. Despite this, there are issues with the current legislation that, if addressed, would go a long way in improving animal welfare.

Written by Carley Lightfoot

 

References:

(1) - S4 of the Animal Welfare Act 2006

 
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