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.