MSP Maurice Golden has brought the issue of dog theft here in Scotland into the limelight. A Bill, intended to counteract wrongful removal of a dog, known now as the ‘Dog Theft Scotland Bill’. The bill, has passed through stage one for the process and is headed to be considered further by parliament. Any pet owner can likely recognise the importance of such a bill, and as such, many of us here at clarity, are keen to keep our finger on the pulse of what happens in this area of law. Not just for ourselves, but for our clients subject to the horrible conditions of being unsure of your dog’s condition and safety.
Let’s break down the changes and ensure you know exactly what you can come to us with, and what we might no longer be able to help with.
The wave of change to this area has already begun, with the now in force Pet Abduction Act 2024, active in England and Wales, it is now an offence to steal a dog or a cat. The above proposed bill, looks to combat this same issue.
Current Legal Position.
Presently, animals are legally considered personal property here in Scotland, which has been perhaps rightfully criticised for failing to acknowledge the particular emotional bond and care over animals welfare, which in the minds of owners, separates them entirely from merely ‘property’. Recovery of a removed animal, therefore, is fairly difficult at present and becomes far more complicated where an animal was purchased amidst a relationship, and is often dependent upon a number of factors.
Proposed Alterations to the Law
The Bill poses, that instead of viewing wrongful removal or retention of animal as a civil matter, that Dog theft will be considered a statutory offence, with penalties of up to five years in prison and potentially an unlimited fine. Such a development reflects modern owner’s view of their pets as important parts of their family, and subjects those responsible to punitive measures.
Hopefully, and perhaps revealing the preference of this Author, such protections will be extended to Cats as well as other animals as well, as has been submitted by Cats Protection Scotland in March of this year.
What does this mean for owners & clients?
One further drastic change is the current proposal, to allow victims to give a victim statement to the court. Losing one’s pet is a deeply upsetting experience and the bill appears aimed to allow those bereft of their pets to have their opportunity to attest to the emotional bond they share, and the pain of their loss.
Should the Bill be passed, and put into force, the mechanism by which one can recover a stolen dog, is through a statutory offence. This means, that as a Civil Law Firm, we at Clarity Simplicity will not be able to assist with this matter. Once passed, reporting such an offence should first be done through the police, who will be best placed to assist and tender advice in respect of recovering your dog. Thereafter, it may become important to seek counsel from a criminal solicitor.
What can Clarity Simplicity do for you?
Should the changes to the current proposed Bill be minimal, it will largely reflect the Pet Abduction Act active in England and Wales, as such, it is not an offence under the act if at any time, the individual who removed the animal, the person from whose control the animal was taken and the animal all lived together. This means, where the dog has been removed by a person who had a cohabiting relationship with the other contesting owner, they will not be found liable of being in contravention of the proposed Act.
So if you are currently, or at any time past the publishing of this blog in a dispute with a former partner regarding the ownership of your pet, we can help.
This includes circumstances where you might wish to draw up a Minute of Agreement in respect of shared care arrangements for your pet, or if you require to recover a pet should someone refuse to return an animal that belongs to you.
Practical Steps for Pet Owners
If you are currently facing any issues noted in this blog, here are a few pieces of advice that may be of assistance:
- Report any removal to Police Scotland.
- Ensure your pet’s microchip details are up to date.
- Gather items which may help prove your ownership of the dog (Vet Records, Purchase Receipts).
- Get in touch with us on the number below and speak with a professional.
Contact Us
If you require any guidance on a Pet Dispute, get in touch with our experienced group of Dispute Resolution solicitors on 0141 433 2626
