Parliamentary BriefingRestorative processes for people convicted of animal cruelty 12 March 2020

RecommendationOneKind recommends consideration of an amendment to the Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Bill to require the courts to consider restorative justice processes and rehabilitation programmes for all people convicted of offences against animals, where these are available.

BackgroundOneKind is a Scottish animal protection charity with a special interest in promoting a positive bond between humans and animals. It follows, therefore, that we wish to contribute to efforts to repair this bond where it appears to have broken or been mis-directed. We are aware of excellent work by other charities in Scotland, especially the Scottish SPCA, to promote empathy and a positive bond with animals, primarily amongst young people. However, we believe that the absence of restorative processes for adults who have been proven to commit offences to animals is concerning and a missed opportunity to help both the animals and people involved. That is why we have made representations in the past and continue to work towards this goal.

In the Stage 1 report on the Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Bill, the Environment, Climate Change and Land Reform (ECCLR) Committee reflected on evidence given by stakeholders on the possibilities of introducing ‘empathy training’, such as that recommended in the Poustie review on wildlife crime penalties (2015). The Committee noted that the Minister for Rural Affairs and Natural Environment was considering how this best should be addressed. The Committee asked the Scottish Government for an update and whether this issue could be addressed by regulations after the Bill becomes an Act.

OneKind asks that the Committee, the Scottish Government and the Parliament go further in considering community-based justice. We recommend that certain people who are convicted of offences against animals, either under domestic animal welfare or wildlife legislation, be offered a restorative justice (RJ) process to agree on how they can offer reparation. We also recommend the development of a suitable rehabilitation programme, which would be one option for this reparation.

These processes could be available at different stages of the criminal justice proceedings: for less serious offences, prosecution might be deferred or waived dependent on completion of RJ, the process could be required as part of a Community Payback Order (CPO), or it could be offered to those serving a custodial sentence.

Our recommendation at this time is that the Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Bill be amended to require the courts to consider restorative justice processes and rehabilitation programmes for all people convicted of offences against animals, where these are available.

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Parliamentary BriefingRestorative processes for people convicted of animal cruelty 12 March 2020

This would align well with the Scottish Government’s commitment to make RJ widely available across Scotland by 2023, and with this statement in the Programme for Government 2019-2020:

“Our approach will be informed by public health responses to issues such as the misuse of drugs and the impact of adversity, trauma and multiple disadvantage. We will set out a long-term vision for our justice system and how we respond to the changing nature of offending in ways which are proportionate, just, effective and promote rehabilitation, as well as keeping our communities safe and responding to the needs of victims.”

Furthermore, this is an opportunity to have a requirement for RJ processes written into Scottish legislation for the first time, thus confirming the Scottish Government’s intentions.

Restorative justice approachesA RJ conference is a structured meeting between the victim (or in this case human representative), the person convicted of a crime, their families, and possibly other community members. It is a voluntary process in which everybody is given a chance to speak and ask questions. The person convicted can become aware of how his/her actions have affected the victim and offer reparation. The form this reparation should take is agreed by all. RJ conferencing holds the person accountable while allowing them to lose the ‘offender’ label and attached stigma and reintegrate into society. It denounces the conduct but affirms the worth of the person and their position in society. The process aims to repair relationships between people who have offended, victims, and communities, which is vital for moral and social rehabilitation. RJ has been shown to reduce re-offending, especially in cases of more serious/violent crimes.

A rehabilitation programme, offered as one possible reparation, would be both educational and therapeutic, addressing the psychological causes of the abusive behaviour and promoting accountability and behaviour change. This reflects an ‘ecological model’ of behaviour, which acknowledges that behaviour, including abusive behaviour, is influenced by many aspects of the environment. These include individual factors, such as adverse childhood experiences (ACEs) or substance dependency, and broader social and cultural contexts, such as gender stereotypes. Societal norms shape the way in which individual psychological conditions are expressed.

The concept of link(s) between violence towards animals and humans is a major international area of research and practice. This is a nuanced and complex association including animal abuse, child abuse, intimate partner violence (IPV) and abuse of other vulnerable adults, such as elders. Experts believe that ACEs or poor attachments in early life can lead to a lack of empathy, an inability to regulate emotions, hyper-responsiveness to perceived threats, and poor mental health. These factors, especially lack of empathy, are associated with violence and animal abuse. Children in violent homes can become desensitised to violence and may replicate the behaviour that was modelled to them.

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Parliamentary BriefingRestorative processes for people convicted of animal cruelty 12 March 2020

These factors contribute to a cycle of violence which continues down generations. In this context violence, whether towards a human or non-human, is often a symptom of psychological problems, and rehabilitation and reintegration into society could be a more ethical and effective intervention than imprisonment. Moreover, research has shown that time spent in prison decreases empathy still further. If we accept that lack of empathy is a factor in animal abuse, then sentencing people who abuse animals to prison, without any restoration or rehabilitation, could be counterproductive.

Existing programmesAlthough there are few examples of RJ currently running in Scotland, the Scottish Government has an action plan to change this. One programme which is in place is run by Edinburgh City Council for those convicted of hate crimes. Thus, the expertise and structures for RJ do exist in Edinburgh, opening possibilities for a pilot programme there.

Of existing rehabilitation programmes in Scotland, the Caledonian System offers the closest parallels to our proposal. It is accredited by the Scottish Advisory Panel on Offender Rehabilitation and this year received approximately £4 million in funding from the Scottish Government. It is offered in 19 council areas, covering 75% of the population. It works with men convicted of domestic abuse offences using an educational and therapeutic model, as described above.

OneKind is actively seeking opportunities to work with relevant specialists and agencies to develop these proposals, and to address issues of capacity and resourcing.

Kirsty JenkinsPolicy OfficerOneKind50 Montrose TerraceEdinburgh EH7 5DLT 0131 661 9734M 07512 158599www.onekind.scotkirsty.jenkins@onekind.org

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