15.Section 2 provides that the offence of dog theft under section 1 will be aggravated if the dog taken or kept is a helper dog, regardless of whether or not the dog is working when it is stolen. The aggravation makes the charge more serious and is likely to make the sentence more severe.(2) Subsection (1) provides for the aggravation. Subsection (2) defines the term “helper dog”. Under subsection (2) a “helper dog” means an assistance dog as defined by section 173(1) of the Equality Act 2010 or a dog of a category prescribed by regulations made by the Scottish Ministers. Section 173(1)(c) and (d) of the Equality Act 2010 empowers the UK Government to make regulations to extend the definition of “assistance dog”. Subsection (2)(b) enables the Scottish Ministers to make regulations to prescribe additional categories of dogs as helper dogs for the purpose of section 2. This may include, for example, working dogs or dogs which otherwise assist their owner with daily tasks, but which are not covered by the definition in section 173(1) of the Equality Act 2010. Any such regulations would be made only for the purposes of the definition of “helper dog” under this Act, and would not affect the definition of “assistance dog” set out in section 173 of the Equality Act 2010.
16.Subsection (3) provides that evidence from a single source is sufficient to prove that a dog is a helper dog. This means that corroboration is not required. Subsections (4) and (5) set out the requirements placed on the court for recording the aggravation and taking it into account when determining the appropriate sentence.
Commentary on Sections Section 2 – Theft of helper dogs