New legislation to ban the keeping of primates as pets
Measures have been signed into law this week to ban the keeping of primates as pets.
The legislation brings in a licensing scheme setting strict rules to ensure that only private keepers who meet new welfare and licensing standards will be able to keep primates. This will deliver on a government manifesto commitment and the Action Plan for Animal Welfare which pledged to provide greater legal protection for pet primates.
The measures come into force on 6 April 2025, when all primates in England will need to be kept to these zoo-level standards. This will, in effect, ban the practice of keeping primates as pets.
It is estimated that up to 5,000 primates are currently kept in domestic settings as pets in the UK. These wild animals have complex welfare and social needs and, according to most experts, cannot be adequately cared for in these environments. The new measures will improve the welfare of potentially thousands of these intelligent animals.
What is the relevant legislation?
The Animal Welfare (Primate Licences) (England) Regulations 2023.
What is the penalty for breaking the rules?
There are two potential offences to be considered under The Animal Welfare Act 2006.
(a) Section 4 of the Animal Welfare Act 2006 makes it an offence for a person who is responsible for an animal to cause the animal unnecessary suffering. This offence carries up to five years imprisonment.
(b) Section 9 requires a person who is responsible for an animal to provide for the animal’s welfare needs in line with good practice. This offence carries up to 6 months imprisonment.
In addition, the 2023 Regulations create an offence of not complying with a licence condition which carries a maximum penalty of an unlimited fine.
How can we help?
If you need specialist advice in relation to any criminal investigation or prosecution, from the initial investigation through to court proceedings, please get in touch. Call John Howey on 020 7388 1658 or email jhowey@jfhlaw.co.uk. Let us help.
Image credit: “Primate” by laverrue is licensed under CC BY 2.0.
