Standalone offence of dog theft may not be deterrent, MSPs told

A Bill which would make the theft of a dog a standalone offence may not act as a deterrent, but would highlight the impact on victims, MSPs have heard.

The Dog Theft (Scotland) Bill would take over from the current theft offence if the legislation – proposed by Scottish Conservative MSP Maurice Golden – is passed.

It will also allow for an aggravation if the animal involved is classed as an assistance dog.

The theft of a dog, under the legislation, would carry a prison sentence of up to five years.

Giving evidence to the Rural Affairs and Islands Committee at Holyrood on Wednesday, Chief Inspector Michael Booker from Police Scotland was asked about the deterrent effect of a standalone offence.

“I don’t believe it would deter people,” he said.

“Looking at the cases that have been reported to us, there’s certainly a degree of domestic cases where there’s a dispute over ownership, that’s going to be in existence whether there’s a specific Bill or not.

“In terms of those organised criminals who are perhaps targeting puppies for sale online – again, I think the monetary value probably supersedes any deterrent.

“However, what (the Bill) does do is highlight the impact and the significance of dog theft particularly.”

Dr Paula Boyden, the veterinary director at the charity Dogs Trust, said: “I agree with Police Scotland, I think with serious crime, it perhaps wouldn’t be a deterrent.

“However, I think having this as a standalone crime will really reflect the seriousness of it.”

Stuart Munro, convener of the criminal law committee of the Law Society of Scotland, said he views the argument over a potential deterrence as “entirely moot”, but noted he creation of a standalone offence could result in greater attention on the issue.

He added that the emotional damage faced by pet owners whose dogs are stolen should be taken into account by a court under the current theft offence, and raised the issue of further funding for police and courts if the Bill is passed.

“No doubt specifying a separate offence, distinct from the common law charge of theft, would allow greater attention to be focused on that,” he said.

“No doubt it would enable the police to collect better data on how prevalent this is.

“No doubt it would enable Parliament to properly monitor the effect of the legislation, but fundamentally it requires resources.

“It requires money to be spent in investigations, on prosecutions and ultimately to give those cases the time that they deserve.”

In the Bill’s financial memorandum, Mr Golden projects the total cost of the Bill in its first year in operation would be between £150,488 and £190,291, and rising to between £277,345 and £327,188 within five years.

Mr Booker also told the committee he believes the figure of 63 dog thefts reported to Police Scotland last year was not a “true reflection” of the situation and instances have been under-reported.

Gilly Mendes-Ferreira, director of strategic communications and partnership engagement at the Scottish SPCA, said there had been 69 calls in 2024 around dog theft, 46 of which were people looking for advice and 23 were described as “incidents”.

Many reports, MSPs heard, were domestic situations following the break-up of a relationship.