Commentary on provisions of the Act
Section 1: Dog abduction
- Subsection (1) of this section establishes an offence in relation to the taking or detaining of a dog for actions that take place in England and Northern Ireland. It provides that it is an offence for a person to take a dog so as to remove it from the lawful control of any person, or to detain a dog so as to keep it from the lawful control of any person who is entitled to have lawful control of it.
- Subsection (2) provides that no offence is committed where the conditions in (a) to (d) of that subsection are met, and therefore the offence does not apply in certain cases involving persons who previously lived together in the same household with the dog.
- Subsection (3) sets out that it is a defence for a person to show that they had lawful authority or a reasonable excuse to take or detain the dog.
- Subsection (4) provides a specific defence in relation to stray dogs in England where the person has taken all reasonable steps to comply with section 150(1) of the Environmental Protection Act 1990, which is the legislation dealing with stray dogs. Subsection (5) provides a similar defence in relation to unaccompanied dogs in Northern Ireland where the person has complied with Article 24 of the Dogs (Northern Ireland) Order 1983.
- Subsection (6) provides that the defendant is under an evidential burden of proof in relation to the defences in subsections (3), (4) and (5), so that if sufficient evidence of the defence is provided, the burden is then on the prosecution to prove beyond reasonable doubt that the defence is not true.
- Subsection (7) sets out the penalties for offences under this section, which include, on conviction on indictment, a maximum of five years imprisonment, a fine, or both.
- Subsection (8) includes definitions of "taking" and "detaining" for the purposes of this section.
Section 2: Cat abduction
- Subsection (1) of this section establishes an offence in relation to the taking of a cat for actions that take place in England and Northern Ireland. It provides that it is an offence for a person to take a cat so as to remove it from the lawful control of any person.
- Subsection (2) provides that no offence is committed where the conditions in (a) to (d) of that subsection are met, and therefore the offence does not apply in certain cases involving persons who previously lived together in the same household with the cat.
- Subsection (3) sets out that it is a defence for a person to show that they had lawful authority or a reasonable excuse to take the cat.
- Subsection (4) provides that the defendant is under an evidential burden of proof in relation to the defences in subsection (3), so that if sufficient evidence of the defence is provided, the burden is then on the prosecution to prove beyond reasonable doubt that the defence is not true.
- Subsection (5) sets out the penalties for the offences under this section, which include, on conviction on indictment, a maximum of five years imprisonment, a fine, or both.
- Subsection (6) includes a definition of "taking" for the purposes of this section.
Section 3: Abduction of other animals commonly kept as pets
- Subsection (1) confers powers on the appropriate national authority to make regulations to amend the Act to apply or replicate the offences in section 1 or 2, with or without modifications, to further species of animal. "Appropriate national authority" is defined in subsection (6).
- Subsection (2) sets out when the power in subsection (1) may be exercised: if the appropriate national authority considers that animals of the species are commonly kept as pets, and that there is evidence that the number of incidents involving the unlawful taking or detaining of animals of that species is significant or rising significantly.
- Subsection (3) has the effect that regulations replicating or applying the offences to further species of animal can provide for the offences to have different exceptions or defences.
- Subsection (4) ensures that regulations replicating or applying the offences cannot alter the penalties applicable.
- Subsection (5) requires the appropriate national authority to consult appropriate persons prior to making regulations under this section.
- Subsection (6) defines "appropriate national authority" in relation to each of England and Northern Ireland for the purposes of this section.
- Subsections (7), (8) and (9) set out the procedure for making regulations under this section in the UK Parliament and in the Northern Ireland legislature.
- Subsection (10) sets out that regulations under this section may make different provision for different purposes, as well as consequential, supplementary, incidental, transitional or saving provision.
- Subsection (11) provides specific authority for regulations making consequential, supplementary, incidental, transitional or saving provision to amend the Magistrates’ Courts (Northern Ireland) Order 1981.
Section 4: Sections 1 and 2: consequential provision
- This section makes a consequential amendment to the Magistrates' Courts (Northern Ireland) Order 1981, with the effect that a defendant in Northern Ireland charged with a summary offence under section 1 or 2 cannot claim trial by jury.
Section 5: Extent
- This section sets out the territorial extent of the Act (see also Annex A).
Section 6: Commencement
- Subsections (1), (2) and (3) of this section set out when or how each provision in the Act comes into force.
- Sections 1 (Dog abduction) and 2 (Cat abduction) come into force so far as they extend to England and Wales at the end of the period of three months beginning with the day on which the Act is passed.
- Sections 1 (Dog abduction) and 2 (Cat abduction), so far as they extend to Northern Ireland, and section 4 (Sections 1 and 2: consequential provision) come into force by order on a day appointed by the Department of Agriculture, Environment and Rural Affairs in Northern Ireland.
- Sections 3 (Abduction of other animals commonly kept as pets), 5 (Extent), 6 (Commencement) and 7 (Short title) come into force on the day on which the Act is passed.
- Subsections (4) and (5) provide powers for the Secretary of State and the Department for Agriculture, Environment and Rural Affairs in Northern Ireland to make transitional or saving provisions in connection with commencement.
- Subsection (6) sets out that regulations or an order under this section may make different provision for different purposes.
- Subsections (7) and (8) establish how the power of the Secretary of State or Department for Agriculture, Environment and Rural Affairs in Northern Ireland to make regulations or an order under this section is exercisable.
Section 7: Short Title
- This section provides that the short title of the legislation is the Pet Abduction Act 2024.
