Pets (Theft) Bill (HC Bill 245)

1 Amendment of the Animal Welfare Act 2006

(1) The Animal Welfare Act 2006 is amended as follows.

(2) After section 2 (“protected animal”) insert—

“2A “Pet”

5A protected animal is a “pet” for the purposes of this Act if it provides
companionship or assistance to any human being.”

(3) After section 8 (fighting etc.) insert—

“8A Pet theft

A person commits an offence if they dishonestly appropriate a pet
10belonging to another person with the intention of permanently
depriving that other person of it.”

(4) In section 32 (imprisonment or fine) before subsection (1) insert—

“(A1) A person guilty of an offence under section 8A (pet theft) shall be
liable—

(a) 15on summary conviction to imprisonment for a term for a term
not exceeding 51 weeks, or a fine, or to both;

(b) on conviction on indictment to imprisonment for a term not
exceeding 2 years, or to a fine, or to both.

(A2) When the court is considering for the purposes of sentencing the
20seriousness of an offence under section 8A it must consider the

following as aggravating factors (that is to say, a factor that increases
the seriousness of the offence)—

(a) the theft caused fear, alarm or distress to the pet, the owner or
the pet or another person associated with the pet;

(b) 5the theft was for the purposes of commercial gain.”

(5) In section 34(10) (disqualification) after “8,” insert “8A,”.

2 Amendment of the Animal Health and Welfare (Scotland) Act 2006

(1) The Animal Health and Welfare (Scotland) Act 2006 is amended as follows.

(2) After section 17 (protected animals) insert—

“17A 10“Pet”

A protected animal is a “pet” for the purposes of this Act if it provides
companionship or assistance to any human being.”

(3) After section 23 (animal fights) insert—

“23A Pet theft

15A person commits an offence if they dishonestly appropriate a pet
belonging to another person with the intention of permanently
depriving that other person of it.”

(4) In section 40 (disqualification orders) after subsection (13)(b) insert—

“(ba) an offence under section 23A,”.

(5) 20In section 46 (penalties for offences) after subsection (1) insert—

“(1A) A person guilty of an offence under section 23A (pet theft) shall be
liable—

(a) on summary conviction to imprisonment for a term for a term
not exceeding 51 weeks, or a fine, or to both;

(b) 25on conviction on indictment to imprisonment for a term not
exceeding 2 years, or to a fine, or to both.

(1B) When the court is considering for the purposes of sentencing the
seriousness of an offence under section 23A it must consider the
following as aggravating factors (that is to say, a factor that increases
30the seriousness of the offence)—

(a) that theft caused fear, alarm or distress to the pet, the owner or
the pet or another person associated with the pet;

(b) the theft was for the purposes of commercial gain.”

(6) In Schedule 1 (powers of inspectors and constables for Part 2) after paragraph
354(5)(a) insert—

“(aa) an offence under section 23A,”.

3 Consequential amendment

(1) The Police and Criminal Evidence Act is amended in accordance with
subsection (2).

(2) In section 17(1)(c)(v) (entry for purposes of arrest, etc in connection with
offences relating to the prevention of harm to animals), for “and 8(1) and (2)”
substitute “8(1) and (2) and 8A”.

4 Short title, commencement and extent

(1) 5Section 1 extends to England and Wales only.

(2) Section 2 extends to Scotland only.

(3) This section extends to England and Wales, and Scotland.

(4) This section comes into force on the day this Act is passed.

(5) The other provisions of this Act come into force on such day as the Secretary of
10State may by regulations appoint.

(6) The power to make regulations under subsection (5) is exercisable by statutory
instrument.

(7) The Secretary of State shall consult the Scottish Ministers before exercising the
power under subsection (5) in connection with section 2.

(8) 15This Act may be cited as the Pets (Theft) Act 2018.