Scottish Parliament backs plan for dog theft law

Plans to create a new criminal offence for dog theft have been unanimously backed by the Scottish Parliament.

Offenders would face a maximum prison sentence of five years and the possibility of an unlimited fine under a members' bill tabled by Conservative MSP Maurice Golden.

MSPs backed the general principles of the proposals in an initial vote, with two further stages of parliamentary scrutiny to follow before the bill can become law.

Golden called on MSPs to recognise that the theft of a dog was a "horrific crime leading to emotional trauma and heartbreak".

It comes after a criminal offence of "pet abduction", covering the theft of dogs and cats, came into force in England and Northern Ireland in August.

It also imposes a maximum punishment of five years in prison.

In Scotland, dog theft is covered under the common law offence of theft, with pets classed as "property" which have been taken "without the consent of the rightful owner".

The maximum offence a sheriff can impose for theft is also a five-year jail sentence and an unlimited fine, though the prison term can be increased to life if the case is referred to the High Court.

Golden says the new law is required to address low prosecution rates for dog theft, and to force courts to take better account of the emotional impact of the crime on owners.

Supporting documents for his bill cite concerns about an increase in dog thefts across the UK since the start of the pandemic, and a rise in "systematic dog theft through organised crime".

An estimated 1,808 dogs were stolen across the UK in 2024, with only one in five returned to its owner, according to Direct Line Pet Insurance.

Dog thefts peaked during the pandemic, with Direct Line estimating 2,760 thefts in 2021.

The Scottish bill does not apply to cats, unlike legislation in other parts of the UK

The bill would make the theft of an assistance dog an "aggravated" offence, meaning the court would be required to consider if a more severe sentence should be imposed.

The legislation would allow victims to make a statement to the court about the effect of the crime, and it would require the government to publish annual statistics on dog thefts.

Ministers would also be required to review the act five years after it was passed into law.

Currently there is no requirement for Police Scotland to gather specific statistics for dog theft, meaning it is difficult to gather reliable data on the crime.

Dogs Trust, which supports the legislation, told MSPs that the current Scottish law does not reflect "the significant impact" of dog theft on owners, and means that sentences do not reflect the seriousness of the crime.

However, the Law Society of Scotland has questioned whether there is a need to create a separate offence, and said there was no evidence to suggest that the current law is not sufficient.

Dr Craig Anderson, a senior law lecturer at the University of Stirling, told MSPs that the bill would only achieve its aims if police were given more resources, adding: "The creation of a specific offence is unlikely to make any difference either way. Indeed, it is difficult to see how it could."

Cats Protection said it was "extremely disappointed" that the law would not apply to cats, as the legislation in other parts of the UK does.

Golden and the Scottish government have suggested that the legislation could be extended to cats after being passed by MSPs.

The bill won cross-party support at stage one, including from the government.

MSPs will be able to propose amendments at stage two, before a final vote at stage three.