Commentary on Sections Prevention of Harm Section 4 – Unnecessary suffering
This section sets out the circumstances in which a person who causes or permits an animal to suffer commits an offence. It will be an offence to cause physical or mental suffering, whether by a positive act or an omission, to an animal. This section also sets out considerations in determining whether the suffering is unnecessary. Considerations focus on the necessity, proportionality, humanity and competence of the conduct. Where suffering inevitably occurs in the course of complying with any regulations, licence or code of practice, an offence would not normally be committed as it would be for the overall betterment of the animal’s welfare.