Written Question · S3W-03050 · Session 3
How many prosecutions involving the mistreatment of animals have been deserted by procurators fiscal in each jurisdiction in each of the la…
The question
To ask the Scottish Executive how many prosecutions involving the mistreatment of animals have been deserted by procurators fiscal in each jurisdiction in each of the last five years.
The answer
There are a largenumber of offences which may involve the mistreatment of animals. In some cases,the same charge may also cover other conduct which does not involve such mistreatment.
The information heldin the Crown Office and Procurator Fiscal Service’s Case Management Database isheld at charge level and it is not therefore possible to identify separately withinthe database all and only those charges that actually involved the mistreatmentof animals.
The information providedin this answer therefore relates solely to eight of the most commonly used chargeswhere the charge necessarily involves the mistreatment of animals. The charges inquestion are:
Act/Section
| Description of Offence
Abandonment of Animals Act 1960, Section 1
| Cause unnecessary suffering
Animal Health and Welfare (Scotland) Act 2006, Section 19(1)
| Cause a protected animal unnecessary suffering
Animal Health and Welfare (Scotland) Act 2006, Section 19(2)
| Cause a protected animal unnecessary suffering by act or omission
Protection of Animals (Scotland) Act 1912, Section 1(1)(a)and(2)
| Owner fail to provide adequate care
Protection of Animals (Scotland) Act 1912, Section 1(1)(a)
| Cruelly treat an animal
Protection of Animals (Scotland) Act 1912, Section 1(1)(a)and(2)
| Wantonly or unreasonably ill treat an animal
Protection of Animals (Scotland) Act 1912, Section 1(1)(a)
| Owner did cause unnecessary suffering to an animal
Wildlife and Countryside Act 1981, Section 1(1)(a)
| Intentionally or recklessly kill/injure/take a wild bird
The following tableshows the number of cases where court proceedings in respect of such charges weredeserted simpliciter or where court proceedings were initiated but subsequentlydiscontinued.
Statutory Charges:Proceedings Deserted or Discontinued
Charge Outcome
| Area
| FY 2002-03
| FY 2003-04
| FY 2004-05
| FY 2005-06
| FY 2006-07
Deserted Simpliciter
| Dumfries and Galloway
| 1
| 0
| 0
| 0
| 0
| Glasgow
| 0
| 0
| 1
| 0
| 0
| Lanarkshire
| 0
| 1
| 6
| 4
| 0
The information heldin the Crown Office and Procurator Fiscal Service’s Case Management Database isheld at charge level and it is not therefore possible to identify separately withinthe database all and only those charges that actually involved the mistreatmentof animals.
The information providedin this answer therefore relates solely to eight of the most commonly used chargeswhere the charge necessarily involves the mistreatment of animals. The charges inquestion are:
Act/Section
| Description of Offence
Abandonment of Animals Act 1960, Section 1
| Cause unnecessary suffering
Animal Health and Welfare (Scotland) Act 2006, Section 19(1)
| Cause a protected animal unnecessary suffering
Animal Health and Welfare (Scotland) Act 2006, Section 19(2)
| Cause a protected animal unnecessary suffering by act or omission
Protection of Animals (Scotland) Act 1912, Section 1(1)(a)and(2)
| Owner fail to provide adequate care
Protection of Animals (Scotland) Act 1912, Section 1(1)(a)
| Cruelly treat an animal
Protection of Animals (Scotland) Act 1912, Section 1(1)(a)and(2)
| Wantonly or unreasonably ill treat an animal
Protection of Animals (Scotland) Act 1912, Section 1(1)(a)
| Owner did cause unnecessary suffering to an animal
Wildlife and Countryside Act 1981, Section 1(1)(a)
| Intentionally or recklessly kill/injure/take a wild bird
The following tableshows the number of cases where court proceedings in respect of such charges weredeserted simpliciter or where court proceedings were initiated but subsequentlydiscontinued.
Statutory Charges:Proceedings Deserted or Discontinued
Charge Outcome
| Area
| FY 2002-03
| FY 2003-04
| FY 2004-05
| FY 2005-06
| FY 2006-07
Deserted Simpliciter
| Dumfries and Galloway
| 1
| 0
| 0
| 0
| 0
| Glasgow
| 0
| 0
| 1
| 0
| 0
| Lanarkshire
| 0
| 1
| 6
| 4
| 0
In the Official Report
No contribution in the Official Report cites S3W-03050 by reference.