Dog theft Scotland: What is the law now and what would change to protect dogs from abduction

Stealing a dog could soon be made a stand-alone offence in Scotland.

Conservative MSP Maurice Golden has officially launched his Dog Theft (Scotland) Bill at the Edinburgh Dog and Cat Home on Wednesday.

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If passed by the Scottish Parliament, the legislation would create a new statutory offence of dog abduction. The Scotsman takes a look at exactly what this means.

What is the current law on dog theft?

Dog theft is illegal in Scotland under the common law offence of theft.

But critics say this means it is treated the same as stealing an object like a mobile phone, rather than recognising dogs as irreplaceable family members.

Speaking exclusively to The Steamie, the morning politics newsletter from The Scotsman, Mr Golden said: “The main objective is to recognise dogs as part of the family, and the law currently doesn’t do that.

“It treats stealing dogs the same as stealing a handbag or a mobile phone, and ultimately the public will know that you can’t replace a dog because it is a treasured part of the family.

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“I hope this Bill will recognise that.”

Last year Westminster passed the Pet Abduction Act 2024, but this does not cover Scotland.

Maurice Golden MSP | Scottish Parliament

What would change?

The main change would be the fact judges would have to take into account a dog’s sentience when sentencing someone for dog theft.

Mr Golden said: “Very rarely is the punishment handed down for dog abduction anything remotely proportionate to the gravity and impact of the crime.”

The North East MSP also hopes having a stand-alone offence of dog theft would deter would-be dog-nappers, particularly after a spike in dog thefts during the coronavirus pandemic.

The Bill would also include provisions to improve data recording, so dog owners and police have a better understanding of detection and prevention.

Is anyone against this?

Not necessarily against, but concerns have been raised about the legal impact of such a law change.

The Law Society said: “We would caution that it seems inevitable that subsequent abduction legislation pertaining to pets may be called for as a result, particularly in light of similar UK Parliament [legislation].

“We are of the view that this could cause confusion regarding different types of legislation as well as with prosecution policies and sentencing. As the consultation points out, the abduction of pet dogs is already an offence under the common law offence of theft.”

What about cats?

Concerns have also been raised about the fact cats and other pets are not covered by this Bill.

Alice Palombo, advocacy officer for Cats Protection, said: “For too long, the theft of beloved pets has been treated no differently than the theft of any other personal property.

“The Bill is a huge development in recognising dogs as sentient beings with strong emotional bonds to their owners, ensuring that this is considered when sentencing. Scotland is a nation of animal lovers and it is disappointing that the same logic has not been applied to cats and other pets.”

That is not to say any law changes would not eventually include cats.

Mr Golden said: “I would like to include cats, but because it is a members’ Bill, starting to expand it would risk the Bill not getting to Parliament.

“That’s why I focused on dogs. But I would love to include cats and there will be provision for the government to review the scope of the Bill if it is a success.”