Dog Theft: Sentencing

Gareth Johnson Excerpts

Wednesday 2nd March 2016 Commons Chamber

[Gareth Johnson (Dartford) (Con)]

I am pleased to have secured this debate, and as a dog owner I was minded to do so for a couple of reasons—first, the inadequate sentencing guidelines for this type of offence, and, secondly, the sheer nastiness of this offence and the fact that it needs clamping down on far more than currently happens.

I do not criticise this or any previous Government, but it is necessary to appreciate the devastating impact that the theft of a dog has on its owner. That emotional impact overrides the financial loss, but too often our court systems are geared up to deal with such thefts simply as a form of property crime. The theft of a dog is a particularly nasty offence. Sometimes dogs are targeted because of their monetary value, but often it is done to allow grief stricken owners to put up reward posters in the area, with those rewards then claimed by the actual perpetrator.

Before coming to this House I spent nearly 20 years working in the criminal justice system so I have some appreciation of the difficulties and complexities that the courts are labouring under. I am also aware that organisations such as the Sentencing Council endeavour to provide user friendly, concise guidelines for a multitude of different situations, but I feel that it needs to reflect on its guidelines for offences of theft, as there is little to ensure that those who steal dogs get an appropriate sentence.

[Julian Knight (Solihull) (Con)]

I congratulate my hon. Friend on securing this debate. There was a debate in Westminster Hall a few months ago, initiated by my hon. Friend the Member for Sherwood (Mark Spencer) on dog theft, cat killing and cruelty to pets and one point that arose then is that the law equates the loss of a pet to the loss of property, which is wrong. The law takes no account at all of the wider emotional impact of the theft, or of the societal needs for proper punishment in such cases.

[Gareth Johnson]

My hon. Friend makes a pertinent point, and he is right when he says that there is a failure to acknowledge the emotional impact of such thefts—that is one reason why I secured this debate. Because of the failure of the system, few statistics are kept, and stolen dogs are often deemed to have run away as there is little proof they have been stolen. There is also no separate category of the theft of a dog, and such thefts tend to be lumped together with all the other chattels that get stolen. It is believed by Blue Cross that roughly three dogs are stolen each day. Three cats are also stolen each day, and my hon. Friend was right to mention that because the same principles apply. Almost half those thefts are from people’s gardens, one in five is from burglaries, one in seven is from owners walking their dogs, and most of the other thefts take place when people leave their dogs tied up outside shops.

[Jim Shannon (Strangford) (DUP)]

I congratulate the hon. Gentleman on securing this debate. Dogs have been domesticated for millennia, they have been man’s best friend for centuries, and today they remain an integral part of many families and are loved as much as any member. Does the hon. Gentleman agree that introducing a new category would reflect the fact that, although dogs are animals, for many people up and down this nation their dog is as much a part of the family as any other member?

[Gareth Johnson]

As is often the case, the hon. Gentleman is absolutely right to point out the failure of the current system. I argue that we can deal with that by amending the sentencing guidelines. It does not necessarily need a change in the law; it needs a change in the approach to sentencing, which is completely inadequate at the moment.

[Kevin Foster (Torbay) (Con)]

I congratulate my hon. Friend on securing this debate. To reinforce the point just made by the hon. Member for Strangford (Jim Shannon), too often people are sentenced as if they have nicked a garden gnome, TV or video that can easily be replaced by buying another one. The theft of a dog is stealing part of the family, and the sentence should reflect the impact that that theft has, which goes far beyond the impact of stealing a TV.

[Gareth Johnson]

My hon. Friend is absolutely right, and this debate generates a fair amount of passion because of the pain that such thefts impose on people who go through the loss of a quasi-member of their own family.

[Julian Knight]

My hon. Friend mentions how pets are stolen in burglaries. Perhaps the courts could consider an offence of aggravated burglary in relation to crimes involving pets.

[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.

[Craig Mackinlay (South Thanet) (Con)]

I applaud my hon. Friend for securing this debate. I am a dog owner and have been a magistrate for some 10 years. I have never actually seen a dog theft in my years as a magistrate, which is to the good, but I can very much imagine the anguish it would cause. From memory, the sentencing band for a low level theft would be probably from a conditional discharge to a fine, and perhaps in extremis a low level community order. I am sure it would be far more beneficial for the victim impact statement to have a far greater bearing, and the ability to go to a small custodial sentence may be the way forward in such cases.

[Gareth Johnson]

I completely agree with everything my hon. Friend has said. I am not surprised that he has not seen one of these cases because of the difficulty of bringing them to court. The problem brings us back to the over-reliance on the monetary value of the item stolen. If I were to sell my scruffy mutt, I would be lucky to get a fiver for it, quite frankly—but that rather misses the point. I would sooner have my mobile phone or even my car stolen than my dog. It is not a chattel and should not be treated as such. A distinction should be made when it comes to sentencing.

I have seen posters in my local area and my constituency seeking lost dogs, and they often say something like “reward—no questions asked”. This problem is thus going on under the radar of the authorities, which is why we do not see as many cases going to court as we should. The deterrent factor that a prison sentence would offer is often missing, yet this is an offence that causes misery for thousands of people around our country.

The message to people who are thinking of buying a dog is that they should do so only from a reputable source. There are some excellent organisations helping to tackle this problem: Blue Cross, Dog Theft Action and Dog Lost, which commended much of the work carried out on this by my local Kent police force and a few other forces as well. Yet if the criminal justice system allows those who commit these offences to walk away with light penalties, this problem will only grow and grow.