Dog abduction proposed as separate new offence

The emotional bond between dogs and their owners is such that theft of a dog should be given special statutory treatment through a new offence of dog abduction, according to a Conservative MSP.

North East Scotland member Maurice Golden has opened a consultation on his proposed Dog Abduction (Scotland) Bill, which would create a new offence – of which the name has still to be finalised – "with associated penalties that primarily reflect the impact on the wellbeing of the animal [and], in effect, also cover the impact on the wellbeing of the owner".

Introducing his proposal, Mr Golden writes that for some people, dogs are the most important part of their lives, but the law does not view them that way, treating theft of a dog in the same way as theft of a household commodity: "Very rarely is the punishment handed down for dog abduction anything remotely proportionate to the gravity and impact of the crime."

Claiming the support of dog charities, he believes the present law poses an insufficient deterrent and that dog abduction has become more common with the increased price of dogs since the Covid lockdown. 

To the objection that as a common law crime the theft of a dog has unlimited penalties, whereas his offence would have a statutory limit, he argues that if courts are unwilling to impose a notionally severe penalty its deterrent value is reduced, but "a more realistic maximum penalty would have an improved deterrence value given the increased likelihood of it being used in practice".

Further, stronger sentencing guidelines "cannot alter the fundamental point that the law treats dog theft as the loss of an object rather than approaching it from primarily a welfare perspective involving a living being".

Confining his bill to dogs is a matter of "simple practicality", Mr Golden states: it "in no way seeks to minimise the very serious concerns and impacts abduction of other pets have on both animals and by extension their owners"; and his bill could set a precedent and serve as a blueprint for legislation on other pets.

Access the consultation here. It runs until 16 January 2023.