http://www.legislation.gov.uk/asp/2026/2/section/1Dog Theft (Scotland) Act 2026enStatute Law Database2026-02-26Expert Participation2026-02-11 1 1 A person (A) commits the offence of dog theft if they— a take a dog so as to remove it from the lawful control of any person, or b keep a dog so as to keep it from the lawful control of any person who is entitled to have lawful control of it. 2 The offence of dog theft is not committed if— a at any time before the taking or keeping of the dog, the following lived together in the same household— i the person (A) who took or kept the dog, ii a person (B) from whose lawful control it was taken or kept, and iii the dog, b A and B had been living together before the dog began to live with them, c A and B subsequently ceased to live together, and d A took or kept the dog at or after the time when A and B ceased to live together. 3 It is a defence for a person charged with the offence of dog theft to show that the person had lawful authority or a reasonable excuse for taking or keeping the dog. 4 It is a defence for a person charged with the offence of dog theft by virtue of subsection (1)(b) to show that the person— a believed that the dog was stray, lost or abandoned, b took all reasonable steps to comply with section 150(1) of the Environmental Protection Act 1990 (delivery of stray dogs to owner or officer of local authority), and c did not keep the dog for more than 96 hours (disregarding any period during which it is kept by virtue of section 150(2)(a) of that Act). 5 A person is taken to have shown a fact mentioned in subsection (3) or (4) if— a sufficient evidence of the fact is adduced to raise an issue with respect to it, and b the contrary is not proved beyond reasonable doubt. 6 A person who commits the offence of dog theft is liable— a on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the prescribed sum (or both), b on conviction on indictment, to imprisonment for a term not exceeding 5 years or to a fine (or both). 7 In subsection (6), the “prescribed sum” has the meaning given by section 225(8) of the Criminal Procedure (Scotland) Act 1995. 8 In this section— a references to a person taking a dog include the person— i causing or inducing the dog to accompany the person or anyone else, or ii causing the dog to be taken, b references to a person keeping a dog include the person— i causing or inducing the dog to remain with the person or anyone else, or ii causing the dog to be kept. S. 1 not in force at Royal Assent, see s. 5(2)