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<p>Under the Animal Welfare Act 2006 it is an offence to cause any unnecessary suffering
to an animal or to fail to provide for its welfare including if such an offence is
caused by the inappropriate way it is tethered. The maximum penalty for causing unnecessary
suffering or failing to provide for an animal's welfare is six months' imprisonment
and/or an unlimited fine. However, the Government is committed to increasing the maximum
custodial penalty for causing unnecessary suffering from six months to five years.
The Animal Welfare (Sentencing) Bill, currently before Parliament, will implement
this increase. The Government will support the Bill as it makes its way through Parliament.
In addition, the statutory Code of Practice for the Welfare of Horses, Ponies, Donkeys
and Their Hybrids provides owners and keepers with general welfare information, including
a specific section on how to tether their horse. Whilst it is not an offence to breach
the Code, if proceedings are brought against someone for a welfare offence under the
2006 Act, (including failing to tether a horse appropriately) it could be used as
evidence in support of those proceedings. DEFRA keeps all such legislation under review
to ensure existing laws provide for situations where people cause their animals unnecessary
suffering, including through inappropriate tethering.</p>
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