New law proposed to make dog theft specific crime in Scotland as Cats Protection call for wider reform

A new law to make dog theft a specific crime has been proposed in Scotland.

The Dog Theft (Scotland) Bill is being proposed by Scottish Conservative MSP Maurice Golden and will be introduced to Scottish Parliament this month.

If passed by lawmakers, the legislation would create a new statutory offence of dog abduction with penalties of up to five years in prison and/or an unlimited fine.

The bill would also allow people subjected to dog theft to give a victim statement to court, where they can express the impact the crime has had on them physically, emotionally, and financially.

It would also make the theft of an assistance dog an aggravated offence, which would result in more severe sentences.

The bill proposal states the sentences would reflect the vital day-to-day services assistance dogs provide, such as helping owners get around safely, and the greater impact the theft of such a dog would have on the victim of the crime.

Dog theft is currently illegal in Scotland but under the common law offence of theft which covers theft of objects like mobile phones.

Golden believe this does not take account of the fact that a dog is “a sentient being with a strong emotional connection to its owner”.

The new proposal comes after Westminster passed the Pet Abduction Act 2024 – which does not cover Scotland – and acknowledges emotional distress caused by the theft of a pet.

Owen Sharp, chief executive of Dogs Trust welcomed the bill, saying the emotional impact of pet abduction is “often overlooked”, and added the proposed bill would “rightly acknowledge” the unique nature of the crime.

“The abduction of a dog is an incredibly traumatic and heart-breaking experience. For many, pets are much-loved members of the family, and being separated from them, without knowing their whereabouts, is devastating,” he said.

With the proposed introduction of the proposed legislation, questions have been raised around whether the same protections could be offered other pets such as cats.

Cat’s Protection praised the bill as a significant step forward for dog welfare, but said it was “deeply concerned” that cats have been overlooked in the legislation, leaving thousands of Scottish pet owners without the same legal protections.

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.”

She continued: “The theft of a cat is no different than the theft of a dog, it causes the same emotional impact for owners and distress for their stolen pet.

“Despite this, under this Bill, cat owners will not receive the same protections as dog owners.”

Ms Palombo acknowledged that Golden hopes the legislation will act as a catalyst for wider reform and future legislation, but said cat owners should not have to wait years for the same legal protections that dog owners will immediately benefit from.

She said: “The promise of a government review in years to come offers little comfort to the thousands of families who have already suffered the heartbreak of a stolen cat.

“We urge the Scottish Government to take immediate action, not wait for a review of the Act in five years’ time, but by introducing specific protections for cats and indeed other pets in this legislation.

“All pet owners deserve equal recognition under the law which we believe is essential for improving animal welfare in Scotland.”

A Scottish Government spokesperson said: “The theft of a much-loved pet can be a traumatic experience for owners.

“The common law offence of theft offers robust protection including for pet theft, with the maximum penalty all the way up to a life sentence if tried in the High Court.

“The Scottish Government has noted the introduction of the Member’s Bill and will carefully consider its content.”

The Scottish SPCA has been contacted for comment.