Commentary on Sections Part 1 – Promotion of good practice Section 6 – Effect of code
20.Section 6 sets out the status of the code of practice in law. Failure by a person to comply with the code will not in itself make a person liable to civil or criminal proceedings. However, if a person is prosecuted for a “relevant offence”, evidence that the person failed to comply with the code may be relied on as tending to establish liability (that is, may be treated as evidence that the person committed the offence). Similarly, evidence that the person complied with the code may be relied on as tending to negative liability (that is, may be treated as evidence that the person did not commit the offence).
21.For the purposes of section 6, “relevant offence” is defined to include offences under Part 2 (animal welfare) of the 2006 Act (which include offences of causing unnecessary suffering, mutilation, cruel operations, administering poisons, organising animal fights and failing to ensure an animal’s welfare). It also includes any offences set out in regulations made under section 26 or 27 of the 2006 Act – namely, regulations to secure the welfare of animals for which a person is responsible, and regulations for the licensing etc of activities involving animals.