The Parliamentary Under-Secretary of State for Justice (Mr Dominic Raab)
I congratulate my hon. Friend the Member for Dartford (Gareth Johnson) on his habitual tenacity, which enabled him to secure this very important debate. The truth is that many people become very attached to their pets and treat them like family—sometimes better than family. I know at first hand that the distress caused when a pet disappears is heightened if it is suspected or found that the pet has been stolen for nefarious purposes of one sort or another. That can only aggravate the fear that the pet may come to some form of harm. As I say, I know this at first hand, because I grew up with dogs. I had a dog that I loved very dearly, so I know the worry when dogs go missing. In my case, the dog was a Rhodesian Ridgeback. Anyone who knows the breed will realise that it is unlikely to be stolen. None the less, we fretted every time he jumped the gate or the back garden. I know what the feeling is like.
Sadly, the truth is that we are seeing a growing trend of disappearances and thefts of pets, with all the distress that can cause to individual owners. We in government have to make sure that the criminal justice system is able to respond to these incidents, that we have the resources and expertise to investigate the cases, that there is the will to prosecute them, and that the courts—this is the key to my hon. Friend’s debate—have the necessary criminal and sentencing powers to ensure that we punish offenders and, let us not forget, deter offending.
I hold ministerial responsibility for sentencing, so I need to be assured that courts have the right framework and the right powers in place. I would like to talk a little about deterrence, if only because it is not necessarily always talked about, yet it is an important part of the matter, preventing offences from happening in the first place. I will return to that in a moment, if I may.
Let me say a few words about the available offences and the sentences connected with them. First, we have offences of animal cruelty and failure to meet an animal’s basic needs. These are set out in the Animal Welfare Act 2006. Those offences carry a maximum of six months imprisonment or a fine, or both. The courts also have the power to ban an offender from keeping animals in the future. It is not always the case that a stolen pet has been mistreated, but where it has been, this offence may apply.
Where the offence charged is theft, under the Theft Act 1968, the maximum penalty is seven years. That applies to domestic animals, just as it does to any other goods or chattels. My hon. Friend has made the point that animals should not be treated just like some kind of inanimate object or chattel, and I think he is absolutely right. When it comes to the criminal law, we have to think carefully about how those concerns should be properly reflected.
Of course, justice must be more than the dry letter of the law. The courts will always take into account the circumstances of a case, but that does not necessarily mean that they will need definitions of separate and bespoke offences relating to every possible variation of the crime of theft or every possible contingency. I am slightly worried—I suppose I say this as a Minister, but also as a Conservative—about the creation of specific penalties for behaviour that is already covered; I am not sure that that achieves very much. We need to enforce the penalties that already exist. Creating new offences applying to every conceivable situation risks complicating the law, and making it less transparent and less accessible. I do not think that that is what my hon. Friend was calling for, but I think that the point is worth making. The rule of law requires clear, consistent, predictable rules for victims and for citizens in general, and the sending of a clear message of deterrence to offenders.
It is for the courts to decide the right sentence in individual cases, within the maximum set by Parliament. The courts hear all the circumstances of a case, and are best placed to make that decision. They are helped by the sentencing guidelines that are issued by the independent—I stress the word “independent”—Sentencing Council. They must follow those guidelines, unless it is not in the interests of justice to do so. Even then, there is some wriggle room. The guidelines are there to ensure that sentencing is more consistent, and to identify sentencing ranges and aggravating and mitigating factors. There must be a balance between ensuring that rules are fair and consistent, and doing justice to the particular facts of a case and, in the case of a dog theft, the impact on the dog’s owner.
The new sentencing guideline on theft came into force at the beginning of last month. I understand that my hon. Friend may be disappointed that it does not specifically mention pet theft. If he has not done so already, he may wish to check out the Sentencing Council’s website, where he will see that the council’s consultation on the draft of the new guideline elicited responses and suggestions relating to this specific issue, including the suggestion that there should be a separate guideline on pet theft.
The council’s response to the consultation is available on the website. Having carefully considered the views of respondents, it concluded that the aggravating factors already in the guideline would enable the courts to sentence appropriately for pet theft. Aggravating factors in the guideline include emotional distress caused to the victim, and the fact that the stolen item may be of particular subjective value to the owner regardless of its strict monetary worth. I think that that was one of my hon. Friend’s key points. Judges are human beings, and many have a strong sense of empathy. Moreover, they have all the powers, and, most important, the discretion, to take account of the full range of impacts on individuals of this very serious offence, including the emotional impact on owners and, indeed, dogs.
The guideline mentions the following aggravating factors: the offender is acting as part of a group or gang, so that there is an organised crime element; there is significant planning of the offence; or the goods are stolen to order. Unfortunately, all those factors are often present when a dog has been stolen. The courts have adequate criminal powers, and I believe that they have adequate sentencing powers at their disposal, as well as recent and substantial guidance to help them to reach balanced, proportionate and consistent sentencing decisions, all the while taking account of all the facts of the case. It is precisely because we want them to take account of the individual impact in an individual case that we must allow judges to retain that measure of discretion.
Let me say a little about deterrence. The sentences passed by the courts are partly aimed at deterring other prospective offenders, but people can, of course, take action themselves to prevent their dogs from being stolen. Improvements in technology are one of the major reasons why we have managed to reduce the incidence of crime in recent years. Microchipping of dogs has been available for more than 25 years, and I am told that about 83% of dogs are now voluntarily chipped by their owners. My hon. Friend was, of course, one of the tenacious campaigners for the compulsory microchipping of dogs, and I congratulate him on his efforts. He, like me, will have been pleased to learn that the Department for the Environment, Food and Rural Affairs is to introduce compulsory microchipping in England on 6 April this year. Similar arrangements will also be in place in Scotland and Wales.
This measure is to be welcomed because it is an important step for animal welfare more broadly. It will make it easier to identify dogs and reunite them with their owners. It will also make it easier to prove that a dog has been stolen, which is important for prosecutions, and I know that my hon. Friend wants to see more of those. Most importantly, however, it can act as a deterrent. A prospective criminal who knows that a dog is microchipped is significantly less likely to target that animal for theft. The fact that all dogs must now be microchipped is as important a factor in reducing these distressing offences as the effective and flexible sentencing response, which I believe is already available.
I congratulate my hon. Friend again on securing the debate. He has been tenacious in raising this important matter, and we will always keep these issues under review, but I believe that on balance we now have the right powers, criminal offences and sentencing discretion in place to deal with this very serious crime.
Question put and agreed to.