Prosecutions Policy

Registered name: Animal Welfare Investigations Project Limited
Registered office: 71–75 Shelton Street, London, WC2H 9JQ
Company number: 13760374

Introduction

The purpose of this Prosecution Policy is to inform the public of the prosecution role undertaken by Animal Welfare Investigations Project Limited (“AWIP”) and to demonstrate that this aspect of AWIP’s work is carried out fairly, independently, consistently, and in accordance with the law.

This policy explains the principles applied by AWIP when deciding whether to institute and conduct criminal proceedings relating to animal welfare and associated offences.

Aims and Objectives

AWIP’s objectives include the prevention and suppression of cruelty to animals and the prevention or relief of suffering by animals.

AWIP considers the investigation and prosecution of offences relating to animal welfare to be an integral part of its function and a lawful means by which its objectives can be achieved.

AWIP recognises the preventative, deterrent, and wider public benefits derived from its prosecution role.

AWIP’s Prosecution Function

AWIP considers its prosecution function to be integral to the advancement of animal welfare and the public interest.

AWIP prosecutes offences without the benefit of statutory enforcement powers and by way of private prosecutions. The right of a private individual or body to prosecute criminal offences exists at common law and is preserved by section 6(1) of the Prosecution of Offences Act 1985.

Any director and/or employee of AWIP has authority to institute criminal proceedings on behalf of the company. The conduct and management of prosecutions is delegated to a suitably qualified and authorised legal professional.

AWIP will consider the prosecution of individuals and corporate bodies where offences are alleged to have been committed involving:

• Neglect, abuse, or ill-treatment of animals
• Conduct causing unnecessary suffering
• Breaches of statutory animal welfare obligations
• Conduct likely to compromise the welfare of animals

Alternatives to prosecution will also be considered where appropriate and proportionate.

Relevant Legislation

Legislation commonly used in prosecutions considered or instituted by AWIP includes (but is not limited to):

• Animal Welfare Act 2006
• Welfare of Farmed Animals (England) Regulations 2007
• Welfare of Animals at the Time of Killing (England) Regulations 2015
• Protection of Badgers Act 1992
• Wildlife and Countryside Act 1981
• Deer Act 1991
• Hunting Act 2004

This list is not exhaustive. AWIP may consider prosecutions under other statutory provisions or common law offences where doing so furthers its objectives and is in the public interest.

Any individual summonsed by AWIP may, pursuant to section 6(2) of the Prosecution of Offences Act 1985, refer the case to the Crown Prosecution Service (“CPS”) for review. Following such a review, the CPS may discontinue the case or take it over and continue it, applying the CPS evidential and public interest tests.

Prosecution Principles

AWIP abides by the Code for Crown Prosecutors. Where there is any conflict between this policy and the Code, the provisions of the Code shall prevail.

In relation to private prosecutions, AWIP applies the following principles:

• Fair, independent, and effective prosecution is essential to the proper administration of justice and can play a positive role in advancing animal welfare.
• Prosecutions will not be instituted for political, campaigning, or publicity-driven purposes.
• Decisions whether or not to prosecute will not be influenced by any political advantage or disadvantage to any political party, interest group, section of the community, or individual.
• Even where an offence appears serious, prosecution will not automatically follow unless the evidential and public interest tests are satisfied.
• AWIP recognises that the decision to prosecute is a serious matter given the consequences of criminal proceedings. All decisions will be based on a careful and objective assessment of the evidence.
• Prosecutors acting for or on behalf of AWIP must be fair, impartial, and objective. They must not allow personal views regarding race, ethnicity, gender, religion, political belief, disability, sexual orientation, or any other protected characteristic to influence their decisions.
• AWIP prosecutors will seek to identify the correct defendant(s) and select charges that properly reflect the seriousness and extent of the offending.
• Prosecutors will act in the interests of justice and not solely for the purpose of securing a conviction.
• Alternative means of disposal will be considered where appropriate, and advice may be provided to investigators accordingly.
• Prosecutions will be conducted fairly, efficiently, and in accordance with all legal and procedural requirements.
• All cases will be kept under continuous review in liaison with instructed solicitors or counsel.
• Proceedings may be discontinued where, for example:
  • New and compelling evidence emerges
  • The evidential test is no longer met
  • Exceptional circumstances arise such that continuation is no longer in the public interest or the interests of justice

Charging Guidance

The delegated legal professional will undertake, or oversee, the assessment of whether:

1. The evidence provides a realistic prospect of conviction; and
2. It is in the public interest to prosecute.

Each case will be considered on its own merits. AWIP will only institute a private prosecution where both the evidential test and the public interest test are satisfied.

Case decisions will be reviewed with reference to the CPS Code for Crown Prosecutors, issued under section 10 of the Prosecution of Offences Act 1985.

If the evidential test is not met, no prosecution will be commenced.

If the evidential test is met but the public interest test is not, consideration will be given to alternative outcomes, including out-of-court disposals where lawful and appropriate.

AWIP will observe the following principles:

• Charges must be proportionate and must not amount to overcharging.
• It is not necessary to charge every offence disclosed if the overall criminality is adequately reflected.
• Charges should provide the court with appropriate sentencing powers.
• The relative culpability of multiple suspects must be assessed individually.
• Case review is a continuing process and may result in reassessment of charges or disposal.
• There is no presumption that a particular category of case will always result in prosecution.
• Different suspects in the same case may be dealt with differently where justified.

Current sentencing guidelines, relevant Welfare Codes of Practice, and (where applicable) youth justice guidance may be considered.

Application of the Code for Crown Prosecutors

AWIP supports and applies the principles contained in the Code for Crown Prosecutors when considering animal welfare offences.

In particular:

• Each case must be considered on its own merits
• Prosecutors must be fair, independent, and objective
• Prosecutors must act in the interests of justice
• A prosecution should only commence if the full code test is satisfied
• Case review is a continuing process

Evidential Test

Prosecutors must be satisfied that the evidence is sufficient to provide a realistic prospect of conviction for each suspect and each charge.

Evidence must be admissible, reliable, and capable of being presented effectively in court.

Consideration will include (where relevant):

• Identification of the person(s) legally responsible for the animal
• Sufficiency of suspect identification
• Compliance with section 31 Animal Welfare Act 2006 certification (where applicable)
• Legal or procedural issues affecting admissibility
• Relevant case law
• Quality and scope of expert evidence
• Method of evidence gathering and potential admissibility challenges
• Previous warnings, notices, convictions, or patterns of offending
• Applicability of Welfare Codes of Practice

Public Interest Test

A prosecution will usually follow where the evidential test is met unless public interest factors against prosecution outweigh those in favour.

Factors to be considered include seriousness, culpability, harm caused, age or vulnerability of the suspect, and proportionality.

(a) Seriousness of the Offence

Factors increasing seriousness may include:

• Death or serious injury to animals
• High or prolonged suffering
• Deliberate, malicious, or gratuitous cruelty
• Organised or commercial exploitation
• Financial gain
• Use of animals as weapons or tools of harm
• Use of weapons against animals
• Premeditation
• Number of animals affected
• Filming or online promotion of cruelty
• Relevant previous convictions
• Failure to comply with advice, notices, or court orders
• Offending while subject to bail, licence, or supervision

Factors reducing seriousness may include:

• Isolated incidents
• No ongoing welfare concerns
• Genuine and prompt remedial action
• Personal mitigation not linked to culpability

(b) Culpability

Factors increasing culpability include:

• Leading or organising role
• Abuse of a position of trust
• Planned offending
• Involving children

Factors reducing culpability include:

• Well-intentioned but incompetent care
• Mental disorder or learning disability linked to the offence
• Limited role or responsibility

(c) Harm

Consideration will be given to:

• Severity and duration of suffering
• Long-term physical or behavioural impact
• Requirement for euthanasia or prolonged treatment

(d) Youth Offenders

AWIP has regard to youth justice principles and recognises the importance of diversion where appropriate. However, serious offences may still justify prosecution.

(e) Community Impact

The greater the impact on the community, the more likely prosecution will be required. Community impact is not limited to geographical communities and may include occupational or interest-based groups.

(f) Proportionality

Prosecution must be a proportionate response, taking into account likely outcomes, effective case management, and the interests of justice.

(g) Protection of Sources

Where sensitive sources or ongoing investigations may be affected, cases will be kept under continuing review and appropriate safeguards applied.

Prosecution Costs

The Animal Welfare Investigations Project Limited is funded by voluntary income, which it has a duty to use responsibly and when we have successfully prosecuted an offender, AWIP will seek to recover our full costs.

Policy last updated: February 2026