A CONSULTATION on whether dog theft should become a specific offense in Scotland has been launched.
Conservative MSP Maurice Golden has proposed a bill which would carry a maximum prison sentence of five years for those found guilty of dog theft.
He said the crime had been increasing recently, driven by demand for certain breeds and a desire for pets during lockdown.
According to Golden, the new law would also seek to recognise the emotional distress caused to pet owners by dog abduction.
Launching the consultation at the Edinburgh Dog and Cat Home on Monday, he added that increased sentences would help to deter criminals and reassure owners.
The law would also require the police to record dog abductions as a standalone crime separate from generic property theft.
“The current law treats dogs as inanimate objects like mobile phones,” he said.
“My new law would ensure that dogs are treated as the family pets which they are and it would recognise the trauma which families and dog owners face when their dog is stolen.”
Some animal charities reported that dog theft had increased by as much as 170% during the pandemic.
Golden added: “My bill would help the police identify where criminal activity is taking place.
“We know anecdotally dogs are stolen to be put into puppy farms, to then sell those puppies on.
“I think there also needs to be work done in terms of controlling the borders, particularly in places like Cairnryan, ensuring that unscrupulous dog breeders cannot enter into Scotland and, indeed, to the rest of the United Kingdom.”
However, some legal experts have pointed out that the new law would actually dilute the maximum sentence that currently exists for the crime of theft.
Alternative legal take: theft is currently a common law crime in Scotland with a maximum penalty of life imprisonment. Making it a specific offence would actually *lower* the maximum sentence available. https://t.co/eL0XMrTNCD
— PeatWorrier (@PeatWorrier) October 24, 2022
Senior lecturer in law at Glasgow Caledonian University Andrew Tickell tweeted: “Alternative legal take: theft is currently a common law crime in Scotland with a maximum penalty of life imprisonment.
“Making it a specific offence would actually *lower* the maximum sentence available.
“If MSPs want to signal to courts to take pet-theft more seriously, you could easily create a new aggravator which could be attached to the underlying common law theft charge.
“But instead? We're told we need endless new crimes to recriminalise behaviour which is already criminal.”
The consultation for a new Dog Abduction (Scotland) Bill will run for 12 weeks.
