Collared! Dog thieves will face 5 years in jail as MSPs to back new law to crack down on pet abduction

A plan to create a new specific offence of dog theft is set to become law after impressing the Scottish Government.

A plan to create a new specific offence of dog theft is set to become law after impressing the Scottish Government.

Proposed by Tory MSP Maurice Golden, the legislation would see thieves jailed for up to five years to reflect the emotional and welfare impact of the crime.

The Dog Theft (Scotland) Bill would also allow owners to make victim impact statements in court to explain the effect of losing a family pet or support animal.

Stealing an ‘assistance dog’ such as a guide dog would become an aggravating offence in deciding a sentence.

Animal welfare advocates have claimed dogs are treated on a par with objects, as stolen pooches are currently dealt with under the common law offence of theft.

But lawyers and prosecutors question the need for a standalone offence, arguing courts can already take a wide range of factors into account.

A Westminster law making it a criminal offence to steal dogs or cats in England and Northern Ireland made it onto the statue book last year.

The Pet Abduction Act, which also introduced five-year custodial penalties, recognised the animals ‘are not inanimate objects but sentient beings capable of experiencing stress and emotional trauma’ when stolen.

Skye, an 18 month old border collie, was taken from her home in the Highlands this month

Skye, an 18 month old border collie, was taken from her home in the Highlands this month

Mr Golden introduced his member’s Bill at Holyrood last month, knowing it needed cross-party support to pass.

The Mail understands it is likely to succeed, as SNP ministers are minded to support it.

Besides being apolitical, the Bill is seen within Government as well drafted and unlikely to create any unwelcome surprises.

It already includes a section designed to avoid fights between separating couples over the custody of dogs becoming criminal matters.

‘Right now officials think it’s a winner,’ said a Government insider. ‘This one is probably headed for the statute books.’

Mr Golden said: ‘I have had very positive engagement with community safety minister Siobhan Brown throughout the process of drafting this Bill. I do hope the Scottish Government can get behind it.’

A Government spokesman said: ‘The theft of a much-loved pet can be a traumatic experience for owners. The Scottish Government has noted the introduction of the Member’s Bill and are considering its content. It is now for Parliament to scrutinise and decide on.’

Earlier this month, a dog was reported stolen from a property in Berriedale, Caithness. Police Scotland said Skye, an 18-month-old Border Collie, was taken on the evening of March 3.

Tory MSP Maurice Golden proposed the Bill that will make dog theft an offence in Scotland

Tory MSP Maurice Golden proposed the Bill that will make dog theft an offence in Scotland

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Officers said the dog was not chipped and was not wearing a collar. Holyrood’s rural affairs committee yesterday began taking evidence on the Bill.

The Bill is currently going through its preliminary stage at Holyrood, ahead of a report and vote on its general principles.

The Government is then expected to throw its support behind the Bill, hugely increasing the chances of it passing before the 2026 election.

MSPs on Holyrood’s rural affairs committee yesterday began taking evidence on the Bill.

Police Scotland Chief Inspector Michael Booker said the 63 recorded dog thefts in Scotland last year was likely an under-estimate of the problem.

Bulldogs were the most commonly stolen breed because they sold ‘for a lot of money’, he told MSPs, and added: ‘The current legislation, under the common law crime of theft, for me it doesn’t sufficiently reflect the impact on families, the impact on children. It’s not an item, it’s a part of the family.’

But he did not believe the Bill would deter would-be thieves motivated by gain and said: ‘In terms of those organised criminals who are perhaps targeting puppies for sale online - again, I think the monetary value probably supersedes any deterrent.’

Dr Paula Boyden, veterinary director at the Dogs Trust charity, agreed it was unlikely to act as a deterrent but making it a standalone crime ‘will really reflect the seriousness of it’.

Gilly Mendes-Ferreira, of the Scottish SPCA, said the Bill was also important for animal welfare as thieves were liable to mistreat stolen dogs.