Law On Cat Killing UK

The law on cat killing in the UK has not changed for over 100 years and longer. I was idly browsing through Our Cats and all about them by Harrison Weir. The book was published in 1889. On page 207 is a section entitled: THE LAW ON CAT KILLING. I can quote bits of it as it is in the public domain after all this time. It refers to ‘Addison on Torts’. This is a well known law book edited or authored by Mr Addison, I presume. “Tort” is a legal term meaning a civil wrong such as trespass (as opposed to a crime).

“It is clearly laid down in ‘Addison on Torts,’ that a person is not justified in killing his neighbour’s cat, or dog, which he finds on his land, unless the animal is in the act of doing some injurious act which can only be prevented by its slaughter”

The book also refers to an old case called Townsend v. Watken. That case states that if a person sets a trap for a fox and that trap kills a cat, the person who set the trap is liable for the cat’s death even if the cat should not have been on the person’s land. There is no mention of criminal law in Mr Weir’s book.

Law on Cat Killing UK

Law on Cat Killing UK. You can’t.

Today, however, deliberately killing a cat, unless it is under exceptional circumstances, is a crime.

The RSPCA in 2012, on their website make it clear that cats are protected by the law and it is a criminal offence to trap, injure and kill them. It does not matter if the cat is “trespassing” on someone’s land.

The RSPCA do not want the law changed. They say there is no evidence that cats have an impact on bird populations that warrant a change to law to curb their roaming.

Personally, I am very sensitive to other people’s rights and wishes. Some people positively detest having cats on their land. They might not detest cats but when they wander into their garden they become upset about peeing and defecating in their flower beds.

Cat caretakers do owe a duty towards other people to respect their rights and wishes. Cat caretakers have a similar duty towards their cats. It is therefore a balancing act between what are often competing objectives. Common sense must prevail.

The same common sense and respect needs to be given by people who don’t want cats in their garden. They should remind themselves that if they hurt or kill a cat it is probably someone’s much loved companion. It does not matter how annoyed you become.

In the UK a person killing a cat will be prosecuted for a criminal act under the Animal Welfare Act 2006. Peter Johnstone became fed up when a neighbour’s cat who regularly wandered into his garden. His wife had a phobia about cats. He was worried that she might get an infection from the cat as she had recently been to hospital for an operation. In short, he had some decent reasons for being upset.

He caught the cat, pushed it into some plastic bags, weighed the bags down with bricks and threw the cat into a canal. The cat drowned. He was caught, charged, tried and convicted. He was jailed for 4 months and banned from keeping animals for 25 years. As he was 57 years old at the time that was for the rest of his life, effectively.

I know things are very different in other countries, including North America.  The sadistic stories of the notorious “Woodsman” testify to that together with the story of the sheriff who took pot shots at roaming cats oblivious to the possibility that the cat belonged to someone. Although, the USA has good animal protection laws and animal welfare. It is just that sometimes in some places it is not enforced properly. The UK has problems of enforcement too.

Note to Woodsman: don’t leave a comment.

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Law On Cat Killing UK — 12 Comments

  1. Peter Johnstone may have had his reasons for not wanting his neighbour’s cat in his garden but there are many ways to make a garden unnattractive to cats and he had no justification for cruelly killing that cat and I’m glad he went to jail. Personally I’d like the old Bible adage back ‘an eye for an eye’ ‘a life for a life’ I would have had no problem doing to him as he did to the cat, or to any others who abused any animal. Maybe to some people an animal’s life isn’t important but they conveniently forget we are animals too only in a different form and in fact human animals have much more disgusting habits and should know right from wrong where as cats merely follow their instincts. This world will never be any better until everyone learns to live and let live.

    • So I hope you are a vegetarian too, else the hypocrisy of your eye for and eye comment all too apparent.
      I believe all life has the right to live, be it man or cat or sheep or cow or dog.
      Do you also stand by this or do you love your cat then go eat a burger?

        • thank you for the reply.
          i do think that 25 years banning is pathetic as he would never have a pey anyway.
          4 months in prison is a bit better.
          I wonder how long i’d get for bagging and drowning the litle bastard kids that climb over the garden fences and mess about in my garden?

  2. Great, I never knew the actual law in the UK on this sort of thing. I know in Switzerland you get a fine if you hit a cat whilst driving. I find that pretty extreme just because in some cases you might be powerless to stop it from happening. This led me to think that maybe the law is there as a deterrent more than anything. It just means people who are tempted to put their foot down might actually think twice if they are going through a village at night for example. This law also causes people who do hit a cat to drive away immediately I guess, and if the cat is not dead this could be a very bad thing since they might otherwise be able to inform a neighbour or knock on a door and steps taken to save the cat’s life.

    But in general, having a law that states all cats are protected and its illegal to kill them just means that when somebody does have a serious problem with a cat, a proper solution can be found which will perhaps end the problem for good. By killing the cat you just make room for another cat to come along and cause the same problem sooner or later.

    Furthermore, cats are and have been domesticated animals for ages so it can be expected that where there are people, there might well be cats. There might well be dogs too. So it is competely wrong to come along and expect there not to be. You don’t go to a Chinese restaurant and order them to make Indian food. You don’t move into a village or town and try to end all cats who touch your territory. It doesn’t make sense. People who can’t handle something that is naturally occuring in a plce should move to another place and not try to change the nature of the place. Move to the forest, far away, alone, where there are no cats. Intolerance is not something that tolerant people should have to suffer and its a losing battle for the intolerant person, always. People that live in communities, whi have cats or dogs and throw bits of bread to the pigeons in the park is natural phenomena on this planet and although there are many destructive issues and faults with this phenomena, it is nonetheless a force of nature. If you dont like it for any reason, you are free to live away from it. If you can’t tolerate some part of it, go away. I personally hate barking dogs in my neighbourhood. I dont mind dogs, I just think its terrible to live with them barking at nothing and everything through the day and I do find it unfair that I should have to listen to it. Usually I suspect its just people who dont look after their dogs properly, and who have no concept of how invasive it is to be the source of the rest of the neighbourhoods soundtrack each day. But regardless of all of these things, the answer for me is not to kill the dog. Infact I just bought an apartment, but I made sure there is no loud barking dog around before I bought it. It’s my personal thing, my personal intolerance and I must deal with it peacefully in my own way.

    So, to conclude, I think it makes perfect sense that killing cats should be totally illegal. I can’t believe the way of things in the US. I guess there is a massive amount of intolerance in some areas of the US. It’s very backwards and ultimately the fact the intolerant people seem to have so much power in the US just means that society out there can’t progress. But I guess Europe is built on tolerance at this point, and US the opposite. People who stayed in Europe learned to live with eachother and move on, with limited space etc. So the difference here for cats doesnt suprise me one bit. America is built on a rather different set of principles whereby your land os god given and you can tolerate or not tolerate whatever you want which crosses your land and if you dont like it you can just shoot it. At least it seems like that goes for some proportion of the country because it seems to happen rather a lot. Society can’t progress with that sort of attitude and its bad news for any cat who lives in such an area. Killing cats should be both illegal and enforced.

    Sorry to go on with such long comments. Another corker of a picture going on up there 🙂

    • Thanks Marc. There are quite a lot of people asking the question, “can I kill a cat who comes onto my property” and the answer is no. As you say the better solution is to talk and try and find a decent and humane remedy. There is a hidden conflict here, though, across Britain, between people who keep cats and people who don’t keep or like cats.

      • There are many ways to deter cats aren’t there? If my neighbour could not handle my cat I would be happy to pay to set up deterrents if it meant everyone would be happy and without worry. Its the digging up of flowers I imagine, that people dislike the most – especially those who keep a nice, high maintenance garden. I understand the problem. Killing and hating the cats however is childish and a waste of time.

  3. This is absolutely ridiculous all you idiotic cat owners, do you know how many millions of birds and mammals are killed each year in the UK by damn cats that are not kept in and allowed to stay. There is a law in the UK that bans dogs from being allowed out alone this should apply to cats, in Australia there are specialist teams who are deployed to go out at night and shoot cats that roam and kill their native wildlife such is the terrible damage they do, stop for one second and think of the damage you and your cats are doing to the UK wildlife and stop being so selfish, lets how they adopt the Australian law to the UK soon!!!

  4. From a purely legal point… the UK its perfectly legal to humanly destroy feral cats on your property providing it is done humanly as they are considered vermin i.e. a well aimed shot with a shotgun, although in practice how you would tell the difference between someones beloved pet and a feral i’m not sure! clearly if a cat is a pet i.e. owned by a human then its clearly totally illegal, I have never done this nor do i plan to however just thought this was worth pointing out!

    • Thanks Matt for contributing. You have hit the nail on the head: (a) you can’t tell a stray/feral from a domestic, owned cat, especially at a distance and (b) you can’t really guarantee to kill a cat humanely with a gun. Not in my opinion anyway.

  5. In this world of over 7 BILLION people, there are many who are homeless and unable to access toilets. Many of them eliminate in public. Should it then be legal to kill them because someone is offended by the presence of their eliminations? I rest my case.

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