Dog Theft (Scotland) Act gets Royal Assent, 5‑year max
Dog owners from Eyemouth to Gretna woke up today to a change in the law north of the border. The Dog Theft (Scotland) Act received Royal Assent on 10 February 2026, creating a standalone offence of stealing a dog and setting out tougher penalties than many feared thieves would ever face. (parliament.scot)
The offence covers both taking a dog from someone’s lawful control and keeping a dog from that control. On summary conviction, courts can impose up to 12 months in prison or a fine up to the prescribed sum; on indictment, the maximum rises to five years’ imprisonment and an unlimited fine. The prescribed sum in the sheriff court is currently £10,000. (parliament.scot)
The Act goes further where a ‘helper dog’ is involved-covering assistance dogs as defined in the Equality Act 2010 and any categories ministers add later. Courts must record the aggravation and explain any difference in sentence, recognising the impact when a guide, hearing or other trained dog is taken. (parliament.scot)
Lawmakers also tried to avoid criminalising good faith actions. There’s an explicit defence for people who reasonably believed a dog was stray, took reasonable steps to follow Environmental Protection Act section 150 by handing it to the council, and did not keep it more than 96 hours. Disputes after a household split are treated separately, so ex‑partners who once lived with the dog are carved out from the core offence. (parliament.scot)
Not every part starts immediately. The short title and regulation‑making powers are live from 11 February, but the offence itself will begin on a date set by Scottish Ministers-so police and councils will have a short runway to prepare guidance, training and communications before the first cases are charged under the new provisions. (parliament.scot)
Ministers must also publish a report after three years of operation, with headline numbers of police records, prosecutions and convictions, plus sentencing details including whether the helper‑dog aggravation was applied. That data should give communities and MSPs a clearer picture of whether the law changes behaviour in practice. (parliament.scot)
For readers on the English side of the Border, this brings Scotland closer to the Pet Abduction Act 2024 in England and Northern Ireland, which created named offences for dog and cat abduction with a five‑year maximum. Scotland’s approach is dog‑specific, but it now sits alongside those neighbouring regimes that recognise pets as more than property. (gov.uk)
At Holyrood, ministers backed the Bill at the final vote. “To lose a much‑loved dog to theft is horrendous,” said Siobhian Brown, the Minister for Victims and Community Safety, welcoming cross‑party support. (parliament.scot)
Supporters argue a named offence will raise awareness and reflect the emotional harm caused when a dog is taken. The Rural Affairs and Islands Committee, however, warned at Stage 1 that similar penalties to the existing law and no dedicated awareness budget may blunt deterrence-so the test will be enforcement and consistency. (parliament.scot)
What does this mean on the ground in the North? Families who travel regularly between Northumberland and the Borders will soon face clearer, named offences on both sides; assistance‑dog users should see stronger recognition if a trained dog is stolen; and anyone who finds a suspected stray should keep doing what most already do-contact the council quickly and don’t hang on to the dog beyond a couple of days. The law is now on firmer footing; the impact will come down to how it’s used. (parliament.scot)