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Measures have been signed into law this week to ban the keeping of primates as pets.  There are a number of reasons why keeping primates in a domestic setting is problematic.

The legislation brings in a licensing scheme setting strict rules to ensure that only private keepers who meet new welfare and licensing standards will be able to keep primates, delivering on a government manifesto commitment and Action Plan for Animal Welfare pledge to provide greater legal protection for pet primates.

The measures come into force on 6 April 2025, when all primates in England will need to be kept to these zoo-level standards, in effect banning the practice of keeping primates as pets.

It is estimated that up to 5,000 primates are currently kept in domestic settings as pets in the UK. These wild animals have complex welfare and social needs and, according to most experts, cannot be adequately cared for in these environments. The new measures will improve the welfare of potentially thousands of these intelligent animals.

What is the relevant legislation?

The new rules are contained within The Animal Welfare (Primate Licences) (England) Regulations 2023.

What is the penalty for breaking the rules?

There are two potential offences to be considered under The Animal Welfare Act 2006.

• Section 4 of the Animal Welfare Act 2006 makes it an offence for a person who is responsible for an animal to cause the animal unnecessary suffering. This offence carries up to five years imprisonment.
• Section 9 requires a person who is responsible for an animal to provide for the animal’s welfare needs in line with good practice. This offence carries up to 6 months imprisonment.

In addition, the 2023 Regulations create an offence of not complying with a licence condition which carries a maximum penalty of an unlimited fine.

How can we help?

If you require advice or representation in relation to any aspect of the Animal Welfare Act 2006 then please contact an expert criminal solicitor at one of our offices.

Alternatively you can use the contact form below.

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On Friday 23 February 2024 partner Denney Lau had the honour and privilege of hosting the 147th President’s Annual Dinner for the Sheffield and District Law Society.  Denney has been president for the last year.

In an inspirational speech before the attendees, Denney acknowledged his progress from a humble background where he was the first in his family to attend University.

Upon arrival in the United Kingdom as an immigrant, he was unable to speak the language and was, in effect, ‘without a voice’.  He became a solicitor to provide others with a voice and ensure their right to be heard.  Having embarked on that course, however,  he never imagined he would be the holder of such a prestigious position.

Denney extended his thanks to all of his fellow lawyers for continuing to provide people with that voice, and attending the dinner to make it such a special occasion.

As well as presenting an opportunity for local lawyers to get together, awards were given to those locally who have excelled in their respective specialisms.

 

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The Online Safety Act 2023 creates a new offence of encouraging or assisting serious self-harm. The offence applies from 31 January 2024.

What is the new offence?

A person commits an offence if:

• they do a relevant act capable of encouraging or assisting the serious self-harm of another person;
• and their act was intended to encourage or assist the serious self-harm of another person.

“Serious self-harm” means self-harm amounting to, in England and Wales and Northern Ireland, grievous bodily harm within the meaning of the Offences Against the Person Act 1861.

The Act defines the means of communication by which a person “does a relevant act”, which includes in-person or electronic communications, publications, correspondence, and the sending or giving of items with stored electronic data.

The offence carries a maximum penalty of 5 years imprisonment.

Why is this offence needed?

The government explained the need for a new offence in these terms:

“I am aware of particular concerns around content online which encourages vulnerable people to self-harm. While the child safety duties in the bill will protect children, vulnerable adults may remain at risk of exposure to this abhorrent content. I am therefore committing to making the encouragement of self-harm illegal. The government will bring forward in this bill proposals to create an offence of sending a communication that encourages serious self-harm.

This new offence will ensure that trolls sending such messages to a person, regardless of the recipient’s age, face the consequences for their vile actions.”

The new offence appears to have strong support from interest groups.

The Molly Rose Foundation, a suicide-prevention charity aimed at young people, said it also supported the proposed new offence. The charity was established by the friends and family of Molly Russell, a 14-year-old girl who took her own life after viewing images promoting suicide and self-harm. In September 2022 a coroner ruled that content Molly had viewed relating to depression, self-harm and suicide “had contributed to her death in a more than minimal way”. The foundation said the proposed new offence would be a “significant move”.

Contact an expert criminal solicitor

 Our role is to keep up to date with changes to existing criminal laws and brand new criminal legislation.  If you are arrested or face court proceedings for a criminal matter you will wish to take advice from an experienced criminal lawyer.

We have offices across the East Midlands in Nottingham, Derby, Mansfield, Chesterfield and .  Please contact the one closest to you.

Alternatively use the contact form below.

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Since 29th November 2022 a court can impose a positive requirement on a defendant under an SHPO (section 175 of the Police, Crime, Sentencing and Courts Act 2022).

This, says the government, includes a requirement to participate in polygraph testing for sex offenders.

In a recent case the Court of Appeal confirmed that there was no objection in principle to a Polygraph testing requirement, but certain safeguards would need to be observed. The Court rejected challenges to such orders under Articles 6 & 8 of the European Convention on Human Rights.

These safeguards are:

• That the court must receive evidence about the suitability and enforceability of such a requirement from the individual or an individual representing the organisation who is specified to supervise.
• As with SOPOs, no order should be made by way of SHPO unless necessary to protect the public from sexual harm as set out in the statutory language.
• If an order is necessary, then the prohibitions imposed must be effective; if not, the statutory purpose will not be achieved.
• Any  SHPO prohibitions imposed must be clear and realistic. They must be readily capable of simple compliance and enforcement. It is to be remembered that breach of a prohibition constitutes a criminal offence punishable by imprisonment.
• As re-stated by R v NC [2016], none of the SHPO terms must be oppressive and, overall, the terms must be proportionate.
• Finally, any SHPO must be tailored to the facts.

There is no one size that fits all factual circumstances.

Scrutiny

It is clear that before imposing polygraph testing for sex offenders there must be the utmost level of scrutiny to ensure it is necessary and proportionate. All of our advocates are trained in this area of law and will ensure that there is an objection to any inappropriate terms being included in such orders.

Contact a specialist in defending sexual offence

We are experience in representing those charged with sexual offences before the Magistrates’ and Crown Courts.  You can read about how we prepare a case for Crown Court trial here.

Contact your nearest office for advice prior to any police interview or if charged with an offence.

Alternatively you can use the contact form below.

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The Dangerous Dogs (Designated Types) (England and Wales) Order 2023 was laid before parliament on 31 October 2023, which has important implications for the owners of the dog breed “XL Bully”. This statutory instrument will be accompanied by other legislative changes that form a package of laws that will fundamentally change the ownership rules in respect to this dog breed.

The government says that the principal objective is to introduce controls on the existing population of the this dog type to reduce the risk that they pose to public safety and to reduce the overall number of these dogs in the dog population.

The government has published an official definition of the XL Bully Breed.  If you are in any doubt as to the breed of your own dog you should seek expert veterinary advice as soon as possible.

What are the offences now?

Since 31 December 2023 the offences in section 1(2) of the Dangerous Dogs Act 1991 (“1991 Act”) have applied to the XL Bully type.

This will mean that all owners of dogs of the XL Bully type must keep their dogs on a lead and muzzled when in a public space.

It will also mean that anyone doing any of the following will be committing an offence under section 1(2) of the 1991 Act:

• breeding, or breeding from, a dog of the XL Bully type.
• selling, gifting or exchanging XL Bully type dogs (this will include rehoming).
• abandoning or allowing XL Bully type dogs to stray.
• advertising XL Bully type dogs for sale, exchange or gifting.

Offences from 1 February 2024

From 1 February 2024 it will be a criminal offence to own an XL Bully in England and Wales unless you have a Certificate of Exemption for your dog.

You will have until 31 January 2024 to apply for this exemption. Applications will be subject to a £92.40 application fee, to cover administration costs.

To keep an XL Bully dog you must ensure it is:

• microchipped
• kept on a lead and muzzled at all times when in public
• kept in a secure place so it cannot escape

You will also need to neuter your dog. If your dog is less than one year old on 31 January 2024, it must be neutered by 31 December 2024. If your dog is older than one year old on 31 January 2024, it must be neutered by 30 June 2024.

As the owner, you must also:

• be over 16 years old
• take out insurance against your dog injuring other people – this is provided through Dogs Trust Membership
• be able to show the Certificate of Exemption when asked by a police officer or a council dog warden, either at the time or within 5 days

Giving up an XL Bully dog to be euthanised

If you choose not to keep your XL Bully dog, you should take it to a registered vet for it to be euthanised.

You can claim £200 compensation towards the costs. You and your vet will need to fill in a compensation form to make a claim.

Contact one of our expert criminal lawyers

Our solicitors are able to advise you in relation to any aspect of the laws concerning animal ownership. Please do not hesitate to contact us if you are facing an investigation or prosecution.

Advice and representation in a police interview under caution will always be free of charge to you.

Legal Aid will often be available to defend court proceedings.

We have offices across the East Midlands.

Contact your nearest office here. 

Alternatively you can use the contact form below