Dog theft has moved up the political agenda in Scotland. MSP Maurice Golden’s Dog Theft (Scotland) Bill passed its final stage in the Scottish Parliament in December 2025 and became the Dog Theft (Scotland) Act 2026 on 10 February 2026. Any pet owner will understand why. Not knowing where your dog is, or whether it is safe, is a horrible position to be in, and at Simplicity Legal we keep a close eye on this area of law, both as dog owners ourselves and for our clients.
This article explains what the new Act does, what it means for you, and which pet disputes we can still help you with.
Scotland is not the first part of the UK to act. The Pet Abduction Act 2024 created specific offences of dog abduction and cat abduction, which have applied in England and Northern Ireland since 24 August 2024. The Scottish Act takes a similar approach for dogs.
What is the legal position today?
In Scots law, animals are treated as personal property. Taking someone’s dog can already be prosecuted as common law theft, but the law treats the dog in much the same way as any other possession. Many owners feel that this fails to reflect the bond between people and their pets, and the care they give them.
Why recovery can be difficult
Recovering an animal that has been taken can be difficult, and it becomes more complicated where the pet was bought during a relationship that has since ended. The outcome often depends on a number of factors, which can include who paid for the animal, whose name is on the microchip and who has looked after it day to day.
What does the Dog Theft (Scotland) Act 2026 change?
The Act creates a specific statutory offence of dog theft. A person commits the offence if they take a dog away from the lawful control of another person, or keep a dog away from someone who is entitled to have control of it.
5 years
the maximum prison sentence on indictment, with a fine
12 months
the maximum prison sentence on summary conviction, with a fine
Assistance dogs
Where the stolen dog is an assistance dog, the theft is aggravated, and the court must take that into account when sentencing.
The Act covers dogs only. Cats Protection had called for cats and other pets to be included, but the final Act does not extend to them.
16 December 2025
Passed
The Bill passed its final stage in the Scottish Parliament.
10 February 2026
Royal Assent
The Bill became the Dog Theft (Scotland) Act 2026.
Date to be set
In force
The main offence starts on a date the Scottish Ministers set by regulations.
Is it in force yet?
At the time of writing, the new offence is not yet in force. Until it is, taking a dog can still be prosecuted as common law theft.
What does this mean for dog owners?
Once the offence is in force, dog theft will be dealt with as a specific criminal offence. If your dog is taken, report it to Police Scotland straight away. The police are best placed to investigate and to help recover your dog, and any decision to prosecute is taken by the Crown Office and Procurator Fiscal Service.
Which pet disputes can Simplicity Legal help with?
Many disputes over pets are not thefts at all. The Act includes an important exception: it is not an offence where the person who took or kept the dog and the person it was taken from lived together with the dog in the same household, and the dog was taken or kept after they stopped living together.
Usually a police matter
A dog taken by someone else
Someone takes your dog, or keeps it from you, without lawful authority or a reasonable excuse.
Usually a civil dispute
A dog kept after a separation
A former partner or housemate keeps the dog after you stop living together.
In other words, where a former partner keeps a dog after a separation, this will usually remain a civil dispute about ownership rather than a crime. That is where we can help. If you are in a dispute with a former partner about who owns a pet, we can advise you on your position and help you resolve it.
How we can help
- Drawing up a Minute of Agreement setting out shared care arrangements for your pet.
- Taking steps to recover a pet where someone refuses to return an animal that belongs to you.
- Advising on who is likely to be treated as the owner, based on the evidence available.
Practical steps for pet owners
If you are facing any of the issues covered in this article, these steps can help:
Your checklist
- Report a suspected theft to Police Scotland.
- Make sure your pet’s microchip details are up to date.
- Gather anything that helps prove you own the dog, such as vet records and purchase receipts.
- Get in touch with us to speak to a solicitor about your options.
Contact us
Speak to our dispute resolution team
If you need guidance on a pet dispute, get in touch with our experienced dispute resolution solicitors on 0141 433 2626.
