The History and Future of the Duty of Care for Animals in Criminal Law

Since the enactment of the world’s first national animal protection law two centuries ago, the scope of the legislative safeguards afforded to animals have been significantly expanded. An amalgamation of incremental statutory progress from 1822 to the present day has led to the establishment of a groundbreaking obligation to meet the needs of animals that is contained in Section 9 of the Animal Welfare Act 2006. This thesis examines the history and future of the duty of care that people have towards animals by investigating the legal and societal changes that have occurred in the creation and growth of animal law in England and Wales. The concept of animal welfare in law is not new: it arose in the earliest parliamentary debates on the issue 200 years ago. Yet this research reveals that some of the problems which persist within the duty of care, and impact its effectiveness, can be traced back to the very beginning of animal law. Primarily, there is an inconsistent approach towards species that differentiates between animals on the basis of their use rather than their innate or physiological needs. Consequently, animal law still fails to properly reflect the findings of animal welfare science. Furthermore, the role that science has played in both the hinderance and development of animal law is explored and the contribution of the Five Freedoms that are reflected in the framework of the duty of care is recognised. In addition, the remarkable setup which has arisen to oversee the enforcement of this legislation is scrutinised, and, in particular, the RSPCA’s unique position in promoting and implementing animal law. Finally, this thesis considers the future of the duty of care for animals and reflects that the enactments which are likely to follow to better protect animals in law will always be affected by the nature of past legislation.