Dog Theft (Scotland) Act 2026: rules, 96-hour limit, penalties

Scotland now has a dedicated criminal offence for stealing dogs. MSPs passed the Bill on 16 December 2025 and it received Royal Assent on 10 February 2026. For you-as an owner, carer, student or teacher-the headline is simple: the law defines what counts as dog theft, sets clear defences (including for genuine strays), confirms penalties, gives extra protection to assistance and other “helper” dogs, and requires the government to publish data so we can see how it is working. The Scottish Parliament’s official record confirms the Bill’s passage through Stage 3 on 16 December. (parliament.scot)

First, what counts as dog theft? The Act says someone commits the offence if they take a dog away from a person’s lawful control or keep a dog so as to keep it from the person entitled to control it. That covers enticing a dog to accompany you or causing someone else to hold on to the dog. In plain terms: if your actions remove a dog from the person who has the legal right to it-by picking up, persuading, or arranging for someone else to keep it-that can be dog theft. The Scottish Parliament’s research briefing sets out this core definition clearly. (parliament.scot)

There is a narrow family break‑up carve‑out. If two people and the dog previously lived together in the same household, they later separated, and one of them then took or kept the dog, that specific situation does not amount to the new offence. It is designed to avoid turning relationship disputes over pets into criminal theft. Civil remedies about ownership can still apply, but that is different from a criminal charge.

Two key defences matter for everyday life and for classroom case studies. You can defend a charge by showing lawful authority or a reasonable excuse-for example, acting on instructions from the rightful owner or an officer. The burden here is “evidential”: you must put forward enough to raise the issue; then the Crown would have to disprove your account beyond reasonable doubt. That keeps the focus on facts the court can test.

The Act also builds in a specific safeguard for people who genuinely think a dog is stray, lost or abandoned. If you believed the dog was stray, took all reasonable steps to comply with section 150(1) of the Environmental Protection Act 1990-return to the owner or deliver to the local authority-and you did not keep the dog for more than 96 hours (ignoring any period it is with the council), you have a defence. In other words: act quickly, contact the council, and don’t hold on to the dog beyond four days while trying to do the right thing. The UK Pet Abduction Act’s official notes explain how section 150 works alongside modern pet laws, and Scottish Government guidance ties stray‑dog duties to that provision. (legislation.gov.uk)

A quick classroom explainer on the 96‑hour rule. Imagine you find an untagged collie at 6 p.m. on Friday. You call the council’s out‑of‑hours line, email your details, and take the dog to the appointed kennels Saturday morning when they open. Your “keeping” time before hand‑over is well under 96 hours. If the council later holds the dog while tracing the owner, that council time does not count towards your four‑day limit. The aim is to protect finders who act responsibly while ensuring lost dogs get back to their families fast, in line with the duties described in official materials. (gov.scot)

Penalties are firm. On summary complaint, courts can impose up to 12 months’ imprisonment, a fine up to the statutory maximum, or both. On indictment, the maximum is five years’ imprisonment, a fine, or both. MSP briefings and committee papers trail these sentencing levels so learners can see how they match the seriousness Parliament intended. (parliament.scot)

There is an aggravation where the stolen dog is a “helper dog”. That term covers assistance dogs as defined in the Equality Act 2010 and lets Ministers add other categories-think of certain trained service or working dogs-by regulation. If the aggravation is proved, the court must say so, record it, and take it into account when deciding sentence. The Stage 2 research note explains why the broader “helper dog” label was adopted and how Ministers can extend it in future. (parliament.scot)

Transparency is built in. Ministers must publish and lay before Parliament a report after three years on how the Act is operating. The report will draw on data from Police Scotland, the Crown Office and the Scottish Courts and Tribunals Service, covering recorded cases, prosecutions, convictions and sentencing outcomes (including whether the helper‑dog aggravation was applied). That gives teachers and students hard numbers to work with when evaluating if the law changes behaviour.

Important timing note for readers on 11 February 2026. Royal Assent was yesterday, but most of the substantive provisions-including the new offence-will start on a date set by Scottish Ministers in commencement regulations. Some technical parts (such as powers to make regulations and the short title) begin immediately after Royal Assent. We will update this guide once Ministers name the start date. The Parliament’s bill page is the best place to check for commencement updates and related documents. (parliament.scot)

What this means if you find a dog tomorrow. You should try to identify and contact the owner, and you should contact your local authority promptly. If you truly think the dog is stray and you take those reasonable steps, you may keep the dog only for a short, defined window-no more than 96 hours-while you do so. Keep a simple record of when you found the dog and whom you contacted. That practical paper trail helps everyone, including the council, should questions arise later. Official guidance reinforces these responsibilities around stray dogs. (gov.scot)

Why a stand‑alone offence at all? Committees and MSPs heard that common‑law theft already covers stealing animals, but supporters argued that a specific offence recognises dogs as sentient family members and improves data collection. Charities including the Scottish SPCA welcomed the Bill’s passage, seeing it as a milestone for prevention and for victim recognition. These debates are useful teaching prompts about what criminal law is designed to signal, not just punish. (parliament.scot)

Classroom cases to test understanding. Scenario A: you persuade a neighbour’s spaniel to follow you into your car for a “temporary look‑after” without permission. That is likely dog theft because you caused the dog to accompany you and kept it from the person with lawful control. Scenario B: after a break‑up, one ex‑partner who previously lived with the other and the dog takes the dog on moving‑out day. That specific situation is carved out from the offence, but civil law about ownership still applies. Discuss what facts a court would want to see in each case and, if you’re teaching, ask students where the evidential burden sits and why. The Parliament’s bill materials provide context for how these scenarios were weighed. (parliament.scot)