DOG THEFT LAW
DOG THEFT LAW
Whilst a very unpleasant subject and one which we hope never to affect us, the BBC reported earlier this year
( www.bbc.co.uk/news/uk-england-36590425 ) that there has sadly been an increase in dog thefts across many parts of the country and there are subsequent calls for there to be a separate pet theft law as well as compulsory scanning of dogs by vets – this latter action would of course help to reunite owners with their stolen pets.
The Sentencing Council issued new Guidelines when sentencing for offences of theft and these came into force from 1 February 2016. These require the Court to not just consider the value of the dog (which in many cases is going to be modest) but also to consider if there was significant additional harm to the victim – this could be emotional distress as well as the value of the dog to the owner (regardless of its monetary worth).
If the dog is a mongrel or a rescue dog in all likelihood it would be worth less than £500. In such a case, it would probably be a Category 3, for harm but with significant additional harm:-
- If it was a planned theft the starting point would be a high level community order (up to a maximum of 36 weeks custody).
- If it was an opportunistic theft the starting point would only be a Category B and C fine (up to a maximum level of a low level community order).
If the dog is valued at more than £500 it would probably be a Category 2 for harm but with significant additional harm:-
- If it was a planned theft the starting point would be one year’s custody (up to a maximum of 2 years custody).
- If it was an opportunistic theft the starting point would be a high level community order (up to a maximum of 36 weeks custody).
The Sentencing Guidelines (for general ‘Theft Offences’) can be found here: www.sentencingcouncil.org.uk/wp-content/uploads/SC-Theft-Offences-Definitive-Guideline-content_FINAL-web_.pdf
This above article has been slightly edited but was taken from an article originally written by dog law experts, Trevor Cooper solicitors: www.doglaw.co.uk.
If you should ever be unfortunate enought to lose your dog for any reason, please see the links to information from both the Dogs Trust and Battersea Dogs’ Home.
Sally Bartlett
Co-operative Canines Dog Training and Behaviour
www.co-operativecanines.co.uk