Increased animal cruelty penalties now in force

A proposed timetable for commencement of the Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020 has been issued by the Scottish Government, after increased maximum penalties for animal cruelty came into force.

From 30 November 2020, the most serious cases of cruelty to animals can attract a sentence of five years' imprisonment and an unlimited fine. Ministers instanced being involved in animal fighting as one possible offence.

Also now in force is “Finn’s law”, which prevents those who attack or injure service animals in the course of their duties from claiming they did so in self-defence. It is named after a police dog called Finn who was seriously injured whilst pursuing a suspect with his handler.

New powers to allow fixed penalty notice regimes to be developed for a wide range of less serious animal health, animal welfare and wildlife offences, outwith the court system, will be exercised through future secondary legislation.

Changes to restrict the licensed killing of seals are due to take effect from 1 February 2021.

The Scottish Government is also preparing a report to be laid before the Scottish Parliament by 1 March 2021 on the use of acoustic deterrent devices on fish farms.

The reclassification of mountain hares as endangered animals, which will protect the species from being killed, injured or taken (except under licence for certain limited purposes) at any time of the year is expected to come into force on 1 March 2021, subject to certain permitted exceptions.

New powers to deal more quickly with animals seized to protect their welfare will be brought into force "at the earliest opportunity in 2021".