Response 65882660

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Questions

1. The Scottish Government proposes that the maximum penalties for the most serious animal welfare offences should be strengthened. Do you agree?

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Radio button: Ticked Yes
Radio button: Unticked No
Radio button: Unticked Don't Know

2. Do you agree that the maximum prison sentence available for offences under section 19 (unnecessary suffering) and section 23 (animal fighting) should be increased from twelve months to five years imprisonment?

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Radio button: Ticked Yes
Radio button: Unticked No
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Please explain the reasons for your answer.
The public have differing levels of attachment and empathy to animals. Upping the potential sentence to 5 years would mean a jury comprised of people with different levels will judge the accused, rather than a single Sheriff whose own opinion my result in unconscious bias.

Despite the potential for longer imprisonment, it would make it an overall fairer process to those involved.

3. Do you agree that there should be no upper limit on fines for offences under section 19 (unnecessary suffering) and section 23 (animal fighting)?

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Radio button: Ticked Yes
Radio button: Unticked No
Radio button: Unticked Don't Know
Please explain the reasons for your answer.
Increasing the limit on fines should act as a stronger deterrent to those who view the current limit of £20,000 a paltry sum and one worth the risk.

Those involved in high value sporting and betting industries such as horse or greyhound racing should hopefully recognise the tougher stance is a message that welfare abuses historically prevalent in these industries will be tolerated no further

4. Other than increasing the maximum penalties for unnecessary suffering; should we amend legislation in any other ways, in regard to attacks on service animals?

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Radio button: Ticked Yes
Radio button: Unticked No
Radio button: Unticked Don't Know
Please explain the reasons for your answer and what you would propose.
I believe that it would be prudent to amend legislation regarding attacks on service animals to bring it in line with those for attacks on humans. These animals are carrying out a public duty and should be recognised for their service, rather than 'property'.

Furthermore, consideration should be taken for the potential damage done to those immediately involved with the animal, such as their handler/trainer. It is not uncommon for these people to have built a significant bond with their animals and consideration should be given surrounding the potential for psychological distress on these handlers following an attack.

5. Do you agree that there should be no statutory time limit for prosecuting offences under section 19 (unnecessary suffering) and section 23 (animal fighting)?

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Radio button: Unticked Yes
Radio button: Ticked No
Radio button: Unticked Don't Know
Please explain the reasons for your answer.
I disagree with this proposal. In a world where resources were infinite, then I would support removing the time limit but as various police forces have highlighted; investigating non-wildlife related older 'legacy' cases such as historic child abuses has resulted in less resources available to tackle current issues.

I do however believe there is scope for the current time limit of 6 months to be increased.

6. Do you agree the introduction of proportionate fixed penalty notices would improve the enforcement of animal welfare offences?

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Radio button: Ticked Yes
Radio button: Unticked No
Radio button: Unticked Don't Know
Please explain the reasons for your answer.
By allowing inspectors or Police Scotland to issue fixed penalties, it should hopefully put pressure on the offender to resolve the issue immediately.

Not only would this benefit the animal, but it would also remove the need for it to go to court, freeing up resources and allow the authorities to focus on larger or more complex issues.

7. Do you agree that there is a need to speed up the process of making permanent arrangements for animals taken into possession under section 32 of the Act?

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Radio button: Ticked Yes
Radio button: Unticked No
Radio button: Unticked Don't Know

8. Do you agree that the ability to make suitable permanent arrangements for animals taken into possession (using a court disposal order) after service of a notice and after lapse of a specified period will benefit the welfare of animals?

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Radio button: Ticked Yes
Radio button: Unticked No
Radio button: Unticked Don't Know
Please explain the reasons for your answer.
If despite the warnings and court disposal order the animal's welfare is still in question then it stands to reason that the animal should be seized immediately as there should be no expectation standards will improve.

9. Do you agree that the ability to make suitable arrangements for these seized animals after a short period will free up resources of the relevant enforcement authorities and animal welfare charities; allowing them to help a greater number of animals?

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Radio button: Unticked Yes
Radio button: Ticked No
Radio button: Unticked Don't Know
Please explain the reasons for your answer.
I don't believe so due to the nature of the charities. Being largely funded by public donation, there is the possibility that speeding up the seizure process and public expectation of a tougher stance on animal welfare abuse may result in a sudden increase in seizures and a strain on the resources of the charities. In the short term specifically, this may result in the charities providing less of a service due to an influx.

10. Should such a new power to make permanent arrangements for animals that have been taken into possession apply to all animals, or only to commercially kept animals; such as puppies in breeding facilities, puppies for sale and livestock?

Please select one item
Radio button: Ticked Yes (all animals)
Radio button: Unticked No (only commerical animals)
Radio button: Unticked Don't Know
Please explain the reasons for your answer.
It doesn't matter if the animal is viewed as a product or a pet, if an animal is suffering unnecessarily, we as a country have a moral duty to intervene.

11. Do you agree that the owner or previous keeper should have an opportunity to appeal against permanent arrangements being made within a short time period?

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Radio button: Ticked Yes
Radio button: Unticked No
Radio button: Unticked Don't Know
Please provide views and supporting evidence on other considerations that might apply.
I believe that similar to criminal justice, the right to appeal is important. However I would add caveats;

- The animal remains in the custody of the state until the appeal is concluded
- There is a time limit on deciding to appeal
- Repeat offenders have reduced rights to appeal (such as a 3-strike rule)

12. Do you agree that three weeks is a reasonable period of notice before making suitable permanent arrangements for animals taken into possession?

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Radio button: Unticked Yes
Radio button: Ticked No
Radio button: Unticked Don't Know
Please explain the reasons for your answer.
I believe that there should be a difference between commercially kept animals and those kept as pets.

While 3 weeks may be necessary for a farmer to make required changes, a pet owner should really be able to adopt any changes required within a shorter period of time, subject to financial constraints.

13. Do you agree that the previous keeper should be able to apply for compensation based on the commercial value of these animals, less reasonable costs?

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Radio button: Ticked Yes
Radio button: Unticked No
Radio button: Unticked Don't Know
Please explain the reasons for your answer.
There will be occasions where the suffering of an animal may indeed be outwith an owner's control. However, there should be a presumption against compensation and a board should determine whether this is really necessary.

Funding should come from the proceeds of fixed penalties ensuring now additional cost on the taxpayer.

14. Do you have any practical suggestions about how to value commercially kept animals other than farm livestock?

Please explain the reasons for your answer.
N/A

15. Please provide any further comments or suggestions on the proposed new system for making permanent arrangements for animals.

Comments:
Commercially kept - These should be easier to rehome due to their financial value, however if there is a burden of cost, then assisted financial relief to support the new owner may be suitable. Free publicity as well to support the owner's business such as publishing a list of 'good' owners that support abused animals may result in ethically minded consumers becoming interested in supporting that business.

Domestic - As there is already a system in place (rehoming centres etc.), perhaps financial support to owners willing to rehome animals. For example, if the neglect has resulted in health problems, financial support with vet fees etc. may be offered to encourage uptake.

Another option would be to offer a flat rate 'bursary' to encourage people to rehome. However this should be conditional such as awarded a year after rehoming and subject to inspection to confirm the new owner isn't just adopting animals for profit.

About you

What is your name?

Name
Steven Cole

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