4.The Act provides for certain defences which a person can use when charged with the offence of dog theft to show that they had lawful authority or a reasonable excuse for taking or keeping the dog. There are three defences available under the Act which can be raised where relevant. They are 1) lawful authority to take or keep the dog; 2) reasonable excuse to take or keep the dog; 3) defence in relation finding or taking possession of stray, lost or abandoned dogs.
5.Finally, the Act confers a regulation making power on the Scottish Ministers to add to the categories of “helper dog” for the purposes of section 2 of this Act, which deals with the aggravation of the offence of dog theft established under the Act.
6.Currently, in Scotland, when a person is charged with the theft of a dog the common law offence of theft would apply. The Act provides for the creation of a specific offence of dog theft, with penalties not exceeding 12 months imprisonment or to a fine not exceeding the prescribed sum (or both) in summary proceedings, or up five years imprisonment or an unlimited fine (or both) in solemn proceedings.
7.The Act is in six sections.
Summary of and Background to the Act