PET OWNERS’ FACTSHEET
Note: The guidance set out
below is no substitute for legal advice – if in doubt consult
your local CAB or a solicitor
Introduction
Pet owners whose animals have
suffered injury or even death from gun or air weapon owners will
understandably wish to seek some redress from those responsible.
Any person whose pet is deliberately harmed or killed with the
use of a firearm or air weapon has both criminal and civil
remedies available to him. Obviously these remedies require
proof – the difficulty will often come in establishing the
identity of the perpetrator – even if the pet owner feels sure
who it is. It is important therefore to gather as much evidence
as possible and keep any records or photographs that might
assist. Make sure you keep any pellet that a vet might
remove.
Criminal sanctions
The criminal process begins
following the making of a complaint to police. The police
should then investigate and, if there is sufficient evidence,
charge the suspect. The case is then passed to the Crown
Prosecution Service to decide whether to prosecute the defendant
in court.
Any person who deliberately shoots
a domestic pet may be guilty of the following offences:
-
Causing unnecessary suffering to
an animal (s.4 of the Animal Welfare Act 2006)
-
Criminal damage (s.1 of the
Criminal Damage Act 1977)
-
Harassment (s.2 of the
Protection from Harassment Act 1997) – if there are two or
more incidents
All of the offences set out above
have a maximum sentence of 6 months imprisonment or a maximum
fine of £5,000. The Courts also have the power to make a
compensation order. You cannot apply for a compensation order
yourself so it is important that you tell the police if you
would like to receive compensation. You should give them
accurate details of your losses with documentary evidence, for
example receipts, where possible. If the court decides to make
such an order the defendant will be required to pay the money to
the court which will pass it on to you.
If, using their professional
judgment, the police decide that there will be no investigation
of your complaint, the Code of Practice for Victims of Crime
requires them to advise you of this within 5 working days. If
you do not feel they have dealt with your complaint effectively
you should complain to the chief constable or your local police
authority. It is often the case that a busy police station may
regard a particular case as not of sufficient priority in the
allocation of resources. More commonly a pet owner may be told
it is a “civil matter.” As the offences set out above
demonstrate this response simply displays an ignorance of the
law and the matter should be taken up with a senior officer.
Civil Remedies
In addition to criminal
proceedings, if you are the pet’s owner or the person who
normally has control over the animal, you may also make a civil
claim for damages against the perpetrator for ‘trespass to
goods’. It is well-established that, for the purposes of such
claims, animals are treated as ‘goods’ or ‘chattels’ belonging
to their owner rather than beings in their own right. Before
embarking on this course, particularly if engaging lawyers to
conduct it, it is important to reflect on the time and costs
that will be involved in what inevitably will be a quite low
value claim. Unfortunately the level of damages in the UK for
serious personal injuries may seem surprisingly low and
consequently the loss a pet is only going to be marked with a
quite small award.
If your claim is successful you
can recover the cost of any veterinary bills and, in some
circumstances, damages for mental distress and anxiety. The
Court may also award you ‘exemplary damages’ to punish the
defendant. Unless the animal is a rare breed or otherwise
valuable in its own right then the damages for the loss of the
pet itself are likely to be nominal. In a typical case it is
unlikely that damages overall would exceed some £500.
See
Relevant
Legislation
GCN can offer further advice -
please send your queries to
contact@gun-control-network.org
