Dog Theft: Sentencing

Debate between Chris Evans and Gareth Johnson

Wednesday 2nd March 2016 Commons Chamber

[Gareth Johnson]

That is a very interesting point. There should certainly be an aggravating feature of the offence of theft. Unfortunately, that is not the case according to the Sentencing Council’s guidelines. That is what is missing. Dogs are stolen in burglaries for a multitude of reasons: for fighting, for ransoms, for breeding or for selling on.

This crime is increasing and the emotional impact it has on both the owner and the dogs is immeasurable. Anyone who has had a dog stolen from them is able to say how painful an experience it is for both the owner and the animal, yet I fear penalties will now be reduced rather than increased. This is due to the flawed sentencing guidelines introduced just last month. Under the guidelines, theft sentencing is split into three categories—high, medium and lesser culpability. These are defined by specific characteristics. However, none of those characteristics includes anything that would normally apply for the theft of a dog. This forms the very starting point for sentencing. The guidelines then go on to look at the harm caused, which does cover emotional distress to the victim but is assessed primarily by the financial loss to the victim. That cannot be the right approach.

[Chris Evans (Islwyn) (Lab/Co-op)]

I apologise for coming late to the debate. I was caught out by the previous Division. The hon. Gentleman mentions the emotional impact of the theft of a dog. That is so important. For those of us who love dogs and have owned them all their lives, we know how terrible it is when we have to say goodbye to them. It is terrible to lose a dog in circumstances where we do not know what has happened, whether stolen by a criminal gang to be used for fighting or whatever. Does he agree that the emotional impact should be reflected in sentences for people who steal dogs?

[Gareth Johnson]

I certainly do. I agree with everything the hon. Gentleman says. It is one of those offences where the emotional loss is not catered for in the guidelines. It does not just relate to dog theft and other animals but to personal items. The emotional impact of the theft of family photographs belonging to family members who have passed away is not properly taken into account when the courts are sentencing offenders either.

Courts cannot place dog thefts in the top half of offending categories unless the dog has a high monetary value, and that is not always the case. It means there is a greater chance of prison for the theft of a pedigree than there is for the theft of a mongrel. This approach completely fails to understand the nature of dog theft. The impact an offence like this has on a victim is not even mentioned in the list of aggravating factors that the court should take into account. Dog theft is now seen as an easy way of making money with little chance of a prison sentence imposed on the offender. In fact, under the current guidelines it is very difficult for a court to imprison someone for the theft of a dog that is worth less in monetary terms than £500. It is no wonder, then, that these offences are on the increase.

I fully accept that the Sentencing Council cannot cater for every type of theft and that it has an extremely difficult job, but there needs to be a greater appreciation of the emotional impact an offence can have on an individual.

Dangerous Dogs

Debate between Chris Evans and Gareth Johnson

Wednesday 23rd May 2012 Westminster Hall

[Chris Evans]

I fully agree with my hon. Friend. I did a lot of research before this debate and one of the most harrowing things I found was a video on The Sun website, in which some sort of a dog had hold of a guide dog and the owner was kicking him to try to get him off. It was harrowing to see the guide dog’s reins. I hope that my hon. Friend’s constituent will have the confidence to go out in future and enjoy life once again.

I want to make it clear from the very beginning that I am pro-dogs. I would even say that I am a dog lover. I have been lucky enough to own dogs all my life. Anyone who has owned a dog will say how much they enrich life. I have great memories of a border collie cross called Pep that I grew up with. He lived until he was 19 and we all cried when he passed away. Moreover, when I arrive home from this place, I know that my dog will always be there, wagging his tail and happy that I am home—at least somebody at my house is happy when I arrive home.

I pay tribute to a number of animal charities and organisations that work tirelessly to raise awareness of the many problems with our current dangerous dog legislation. Groups such as Battersea dogs home, the Royal Society for the Prevention of Cruelty to Animals, the Dogs Trust, the Chartered Institute of Environmental Health and the Communication Workers Union are all long-standing campaigners on the issue. Each in its own way does a tremendous amount of work promoting responsible dog ownership. In my constituency earlier this year, the Dogs Trust ran a three-day centre in Risca and provided free health checks. It also offered to neuter and chip dogs for just £10. The event was a major success and about 70 dogs were booked in to be neutered and chipped. Across Wales, the Dogs Trust has neutered more than 13,000 dogs and microchipped 46,000. Such work makes a real difference to responsible dog ownership. Speaking to charities and groups on the front line makes me realise how our dangerous dog legislation is just not good enough.

[Gareth Johnson (Dartford) (Con)]

I congratulate the hon. Gentleman on securing this important debate. A local newspaper of mine, News Shopper, is running a shop a dog campaign, which seeks to highlight the fact that we should primarily be targeting irresponsible owners, rather than the dogs themselves. Will the hon. Gentleman comment on that?

[Chris Evans]

That is the main thrust of my debate. This is not a dog-only issue; often it is a social and anti-social issue. If the hon. Gentleman will allow me to carry on with my speech, I will develop that point further.

A couple of months ago, I visited Battersea dogs home and as I wandered around and heard about the problems it faced re-housing stray dogs that have been abandoned and often abused by their owners, I realised that our legislation for dangerous dogs must change. It made me realise that one of the biggest failures of the Dangerous Dogs Act 1991 is that it is breed-specific. Despite banning types of dogs such as the pit bull, the law has not reduced their numbers, which have exploded. The Act simply taught us that demonising certain breeds makes them more attractive to the wrong types of people, who will not think twice about flouting the law.

The previous Labour Government’s 2010 consultation revealed that 78% of people wanted new legislation to promote the responsible ownership of dogs. Shockingly, it has taken two years for the current Government to respond and publish their own plans. In that time, I was one of the 5,000 patients admitted to hospital for injuries caused by dog attacks in England and Wales.