Dog Theft: Sentencing

Julian Knight 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.

--- Later in debate ---

[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.