Section 2 Theft of helper dogsI1

Scotland Not yet in force

(1)

An offence of dog theft is aggravated if a dog which is taken or kept is a helper dog.

(2)

For the purpose of this section, the term “helper dog” means—

(a)

an assistance dog, as defined by section 173(1) (interpretation) of the Equality Act 2010, or

(b)

a dog of a category prescribed by regulations made by the Scottish Ministers.

(3)

Evidence from a single source is sufficient to prove that a dog is a helper dog.

(4)

Subsection (5) applies where it is—

(a)

libelled in an indictment, or specified in a complaint, that an offence is aggravated by a dog which is taken or kept being a helper dog, and

(b)

proved that the offence is so aggravated.

(5)

The court must—

(a)

state on conviction that the offence is aggravated by a dog which is taken or kept being a helper dog,

(b)

record the conviction in a way that shows that the offence is so aggravated,

(c)

take the aggravation into account in determining the appropriate sentence, and

(d)

state—

(i)

where the sentence in respect of the offence is different from that which the court would have imposed if the offence were not so aggravated, the extent of and the reasons for that difference, or

(ii)

otherwise, the reasons for there being no such difference.

(6)

Regulations made under subsection (2)(b) are subject to the negative procedure.

Annotations

Commencement

I1: S. 2 not in force at Royal Assent, see s. 5(2)