Animal Law Ireland
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Key Legislation

Animal Welfare (cruelty, neglect, welfare offences)

Primary Legislation: Animal Health and Welfare Act 2013 (AHWA2013)

Are All Animals Protected?

No.  A “protected animal” means an animal:

  1. kept for farming, recreational, domestic or sporting purposes in the State,
  2. when it is in the possession or under the control of a human being whether permanently or on a temporary basis, or
  3. that is not living in a wild state;

Fishing, lawfully coursing hares and lawfully hunting animals are not considered cruelty (with certain exceptions) – see Section 12.

Common Offences

  • Causing unnecessary suffering.
  • Neglect: failure to provide food, water, shelter, veterinary care.
  • Abandonment.
  • Prohibited procedures (e.g., illegal tail docking, ear cropping)
  • Animal fighting or performance e.g. cock-fighting, animal baiting (including recording of same)
  • Breach of AHWA notices.
  • Animal identification offences

Key Garda Powers

  • Arrest without warrant for designated AHWA offences.
  • Stop, search and seize animals, equipment, and records where you have reasonable suspicion.
  • Enter land and non-dwelling premises; dwelling entry normally requires a warrant.
  • Issue and enforce Animal Health and Welfare Notices.
  • Remove animals to a place of safety.
  • Demand identity details; obstruction is an offence.

Penalties

  • Summary conviction: fines and/or imprisonment.
  • Indictment: up to 5 years imprisonment and substantial fines.
  • Disqualification from owning/keeping animals (can be lifetime).
  • Forfeiture of animals and equipment.
  • Court may order repayment of veterinary and care costs.

Suggested Best Practice for Investigation

  1. Ensure animal welfare first – request veterinary attendance immediately.
  2. Document extensively: photographs, video, body-worn camera, environmental conditions.
  3. Secure evidence: feed/water availability, shelter, injuries, bedding, confinement.
  4. Take statements: neighbours, complainants, vets, any witnesses.
  5. Seize items properly: maintain chain-of-custody.
  6. Obtain veterinary report detailing injury, suffering, cause, and timeframe. Ensure to obtain the services of a veterinarian that will provide detailed reports and attend court.
  7. Consider and plan for costs that will be incurred (veterinary costs, boarding, transport etc.) – discuss with supervisors. Animals seized may be in care for long periods.

Other Authorised Officers

Domestic Violence/Coercive Control Involving Animals

Relevant Legislation: Domestic Violence Act 2018, AHWA 2013, Criminal Justice Acts.

Key Points

  • Threats or harm to pets are well-recognised indicators of coercive control.
  • Garda policy recognises pets in domestic-abuse contexts; ask specifically about them.
  • Animals can be seized under AHWA where welfare risk exists.

Common Offences

  • Coercive control (including threats to harm pets).
  • Criminal damage to animals.
  • Threatening, abusive, or violent behaviour.

Best Practice for Investigation

  • Ask victims about pets; record all threats or harm.
  • Collect texts, messages, social media posts threatening pets.
  • Photograph injuries to animals and request veterinary reports.
  • Consider bail conditions preventing access to pets or prohibiting possession of animals.

Useful Links and Organisations

Dogs: Control, Attacks, Livestock Worrying, Breeding and Illegal Puppy Farms

Primary Legislation

Key Garda Powers

  • Enforce dog licensing and control requirements alongside Local Authority dog wardens.
  • Seize straying or dangerous dogs.
  • Arrest without warrant where specified in legislation or by-laws.
  • Apply AHWA seizure powers for welfare issues.
  • Demand name, address, and proof of licence/microchip.

Common Offences

  • No dog licence / no microchip.
  • Dog not under “effectual control”.
  • Restricted-breed breaches (no muzzle/lead).
  • Dog attacks or biting incidents.
  • Livestock worrying.
  • DBE offences: breeding 6 or more female dogs without registration; poor conditions; falsified records.
  • Illegal puppy farming, unregulated transport, sale without documentation.

Penalties

  • Fixed Charge Penalties for common control offences.
  • Prosecution for serious/attack-related offences; fines and imprisonment possible.
  • Disqualification orders may be sought.

Best Practice for Investigation

  • Photograph injuries, location of attack, boundary defects.
  • Obtain victim and witness statements early.
  • Check microchip and licence records.
  • For breeding establishments: conduct joint operations (Local Authority, ISPCA, DAFM, Revenue).
  • Document numbers of animals, conditions, vet care, and any deceased animals.
  • Capture online advertisements, financial transactions, and sales receipts for Proceeds of Crime / money-laundering analysis.

Pets: Sale or Supply

From 1st February 2020, anyone who sells or supplies pet animals must comply with a number of new requirements, under the Animal Health and Welfare (Sale or Supply of Pet Regulations) 2019.

Further information on the sale or supply of pets.

Horses: Control, Straying, Neglect, Road Use, Racing on Roads (Sulky Racing)

Primary Legislation:

Key Garda Powers

  • Inspect horses; require licence and identification/passport.
  • Seize and detain horses that are straying, unlicensed, dangerous, or neglected.
  • Arrest without warrant for obstruction, refusing identity, or keeping unlicensed animals in a control area.
  • Direct persons to remove horses from roads.
  • Apply road-traffic powers to stop animal-drawn vehicles.

Common Offences

  • Unlicensed horse in a control area.
  • Horse straying on public roads (includes tethered horses)
  • Neglect (AHWA offences).
  • Horses on motorways (strictly prohibited).
  • Failure to comply with Garda directions.
  • Causing a nuisance, or
  • Not under adequate control, or
  • Posing a danger to persons or property, or
  • Posing a threat to the health and welfare of persons or other animals
  • Careless/dangerous driving
  • Inadequate lighting of animal-drawn vehicles
  • Driving an animal-drawn vehicle under the influence of drugs or alcohol

Penalties

  • Fines and imprisonment depending on severity.
  • Disqualification from keeping horses.
  • Seizure/forfeiture with cost recovery for impoundment and veterinary care.

Best Practice for Investigation

  • Record road conditions, traffic flow, speed limit, and danger caused.
  • Video
  • Document the condition of tack, sulky, equipment, shoes, and signs of overwork.
  • Request veterinary exam to assess injuries or distress.
  • Photograph straying location; mark distances and obstructions.
  • For enforcement operations, coordinate with Local Authorities and horse pounds for transport and holding and or animal rescue organisations, where applicable.

Further information.

Wildlife Offences, Exotic Animals and Illegal Import/Export

Primary Legislation/Frameworks:

Key Garda Powers

  • Investigate wildlife crimes jointly with NPWS officers.
  • Seize protected animals, specimens, traps, firearms, documents, and vehicles.
  • Enter land (warrant required for dwellings).
  • Demand identity details; obstruction is an offence.
  • For import/export: liaise with Customs & DAFM to verify CITES permits and transport documentation.

Common Offences

  • Killing, taking, injuring or possessing protected species (e.g. badger baiting, illegal hare coursing)
  • Lamping, hunting deer with dogs
  • Destroying nests, breeding sites, or habitats
  • Using illegal traps or poisons
  • Trading or transporting protected or exotic species without a valid CITES permit
  • Importing/exporting animals contrary to DAFM rules

Penalties

  • Substantial fines and potential imprisonment.
  • Forfeiture of specimens, traps, firearms, vehicles, and equipment.

Best Practice for Investigation

  • Secure scene with minimal disturbance; photograph before moving items.
  • Seize traps, specimens, and documentation following evidence protocols.
  • Engage NPWS experts for species identification and scientific assessment.
  • Examine shipping manifests, transport crates, and CITES documentation.
  • For exotic animals: ensure safe containment; check biosecurity.

Useful Organisations/Links

Theft, Organised Crime, Illegal Animal Trade and Money Laundering

Farm animal theft, illegal dog farming, import/export of animals, illegal gambling on animals/illegal fighting can involve high profits at low risk.  Consider links to organised crime when investigating certain offences.

Environmental and Fisheries Crime

Key Legislation

Examples of environmental and fisheries crime:

Further information on environmental crime and fisheries crime.

Related Agencies

Useful Links, Books and Toolkits

Useful books, links and toolkits to help you in enforcement of the law to protect animals, wildlife, humans and the environment.

Court Cases in the News

View a selection of court cases relating to animal crime, wildlife crime and other forms of crime.

Further Resources for Law Enforcement

Photo Credit: An Garda Síochána on X.com

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