An Oxfordshire RSPCA inspector admits he and the police are impotent against a rise in animal cruelty until the law is changed.

Statistics published by the RSPCA today showcases of serious neglect and cruelty in Oxfordshire and Buckinghamshire rose from 33 in 2004 to 41 last year.

RSPCA inspector Doug Davidson said: "It's extremely frustrating and disappointing, but both we and the police are working under a law which is almost 100 years old the Protection of Animals Act 1911.

"It's so outdated it means we can only prosecute after a vet has ruled suffering has already occurred, whereas we expect new laws to let us seize animals if we think they're at risk.

"Because of this, I have seen people who have tortured or neglected animals walk out of court laughing, because they haven't had a serious enough penalty given to them, or they haven't been prevented from keeping animals again.

"Some of these people have done such brutal things, it makes me almost despair."

The new Animal Welfare Bill, which is currently under scrutiny in Parliament, will introduce legal responsibilities for all pet owners, tougher penalties for those who neglect or abuse animals and increase the powers of the RSPCA and police.

The animal welfare charity will be able to demand owners increase their animal's food and water and have the animal seen by a vet within a week. At present, RSPCA officers have no powers until a vet certifies neglect and often that can be too late to save an animal's life.

The maximum penalty for the most serious animal cruelty offences will also go up, from just six months' imprisonment, or a £5,000 fine, to 51 weeks' imprisonment and a £20,000 fine.

Mr Davidson said: "Sentencing is up to the magistrates and I have to say, recent sentencing in Oxfordshire has got tougher, with more life bans, which is very encouraging.

"But the new Animal Welfare Act of 2007 is what's desperately needed.

"It will give both the RSPCA and the police increased powers to seize animals. It will up the fines and the possible prison sentences for those who commit these crimes and, in doing so, it will enable us to get these animals justice and stop people like this ever owning an animal again."

If you have a concern about an animal's welfare, call the confidential RSPCA Cruelty Line on 08705 555999.