Dr Jessica Horton

This article is written to explore the current position of the concept of animal sentience in UK animal welfare law. This is based on research carried out since 2017 but there have been political and legal developments which bring the issue to the fore now, chiefly these are concerned with Brexit and the EU definition of animal sentience contained in the Lisbon Treaty.At time of writing, however, there could scarcely be less certainty about the likely final outcome of the United Kingdom’s endeavours to exit the European Union.

Service animals sit within a liminal space in the United Kingdom (UK), contributing to the public good but without the legal recognition and protection of a worker and, therefore, none of the corresponding rights and duties that are entailed with being recognised as such. There has been an increase in interest concerning service animals gradually over the last decade, with public interest growing in the last five years. In 2016 there was a high-profile attack on a police dog (PD) who worked for Hertfordshire Police Force in England. The injuries that PD Finn sustained, and the resulting media coverage raised public awareness across the country and resulted in an ensuing campaign for Finn’s Law, otherwise known as the Animal Welfare (Service Animals) Act which was enacted in June 2019. The second aspect of this case was referred to as Finn’s Law Part Two, the Animal Welfare (Sentencing) Act, which was enacted two years later in June 2021. This Act raised the maximum penalty under the Animal Welfare Act 2006 to five years imprisonment. The primary focus of this chapter will be on the Animal Welfare (Service Animals) Act 2019 which provides an example of protection for animal workers in England and Wales, in addition to the corresponding Animal Welfare (Sentencing) Act 2021.