Dog Theft: Sentencing

Lord Mackinlay of Richborough Excerpts

Wednesday 2nd March 2016 Commons Chamber

[Gareth Johnson]

I certainly do. I agree with everything the hon. Gentleman says. It is one of those offences where the emotional loss is not catered for in the guidelines. It does not just relate to dog theft and other animals but to personal items. The emotional impact of the theft of family photographs belonging to family members who have passed away is not properly taken into account when the courts are sentencing offenders either.

Courts cannot place dog thefts in the top half of offending categories unless the dog has a high monetary value, and that is not always the case. It means there is a greater chance of prison for the theft of a pedigree than there is for the theft of a mongrel. This approach completely fails to understand the nature of dog theft. The impact an offence like this has on a victim is not even mentioned in the list of aggravating factors that the court should take into account. Dog theft is now seen as an easy way of making money with little chance of a prison sentence imposed on the offender. In fact, under the current guidelines it is very difficult for a court to imprison someone for the theft of a dog that is worth less in monetary terms than £500. It is no wonder, then, that these offences are on the increase.

I fully accept that the Sentencing Council cannot cater for every type of theft and that it has an extremely difficult job, but there needs to be a greater appreciation of the emotional impact an offence can have on an individual.

[Craig Mackinlay (South Thanet) (Con)]

I applaud my hon. Friend for securing this debate. I am a dog owner and have been a magistrate for some 10 years. I have never actually seen a dog theft in my years as a magistrate, which is to the good, but I can very much imagine the anguish it would cause. From memory, the sentencing band for a low level theft would be probably from a conditional discharge to a fine, and perhaps in extremis a low level community order. I am sure it would be far more beneficial for the victim impact statement to have a far greater bearing, and the ability to go to a small custodial sentence may be the way forward in such cases.

[Gareth Johnson]

I completely agree with everything my hon. Friend has said. I am not surprised that he has not seen one of these cases because of the difficulty of bringing them to court. The problem brings us back to the over-reliance on the monetary value of the item stolen. If I were to sell my scruffy mutt, I would be lucky to get a fiver for it, quite frankly—but that rather misses the point. I would sooner have my mobile phone or even my car stolen than my dog. It is not a chattel and should not be treated as such. A distinction should be made when it comes to sentencing.

I have seen posters in my local area and my constituency seeking lost dogs, and they often say something like “reward—no questions asked”. This problem is thus going on under the radar of the authorities, which is why we do not see as many cases going to court as we should. The deterrent factor that a prison sentence would offer is often missing, yet this is an offence that causes misery for thousands of people around our country.

The message to people who are thinking of buying a dog is that they should do so only from a reputable source. There are some excellent organisations helping to tackle this problem: Blue Cross, Dog Theft Action and Dog Lost, which commended much of the work carried out on this by my local Kent police force and a few other forces as well. Yet if the criminal justice system allows those who commit these offences to walk away with light penalties, this problem will only grow and grow.

Psychoactive Substances Bill [Lords]

Lord Mackinlay of Richborough Excerpts

Wednesday 20th January 2016 Commons Chamber

[Craig Mackinlay (South Thanet) (Con)]

For too long, we have seen shops such as Skunkworks proliferate on our high streets, with their number reaching 250 in 2014. They were not just selling new psychoactive substances badged up in attractive packages with names such as GoCaine, Herbal Haze and the like—they were selling, legally and openly, various paraphernalia involved in wider drug use, involving bongs, seeds, pipes, and hydroponic growing and lighting systems. In advance of this Bill, many of these shops have now, thankfully, closed. We had one such shop in Margate that was raided by Kent police, who found 269 banned items and confiscated 52 varieties of what one might call legal highs and herbal tobacco substitutes. Of course, the internet will remain, and will grow, as a source of such products and a source of prescription-only drugs such as steroids.

The number of deaths involving NPSs is low compared with the number involving heroin, morphine and other opiates, and cocaine, but it is substantial enough, with too many young lives being wasted. I therefore welcome the Government’s attempt to clamp down on these substances. My only marginal concern about the Bill is that the definition is very broad—

[Mr Speaker]

Order. I hope that the hon. Gentleman is going to leave time for the hon. Member for Newport West (Paul Flynn) to speak as well, and so is bringing his remarks to a close.

[Craig Mackinlay]

Yes, I am, Mr Speaker.

By its very intent, the blanket ban must be so, or else we will just continue the game of cat and mouse that has characterised control of these substances to date.

We have heard a lot about Ireland, and I hope that the experience in the UK will be broadly as positive. We did not mention New Zealand, which has also tackled this problem head on.

As I said, I support the Government’s ambition to take action. I remain a libertarian—I am not a killjoy—but these lethal highs have killed too many, damaged others, and are an evil of the kind that this place is here to act on. I hope that the Bill will have its intended consequences, and I support it.

Oral Answers to Questions

Lord Mackinlay of Richborough Excerpts

Tuesday 3rd November 2015 Commons Chamber

[Michael Gove]

I am grateful to the hon. Lady for raising this issue, because I know that concerns have been expressed across the House and, indeed, by members of the magistracy and the judiciary, as well as by pressure groups such as the Howard League. That is why we are reviewing the operation of the charge. It is important to stress, however, that our justice system already creates a number of incentives for those who enter early guilty pleas, in order to ensure that the wheels of justice can run more smoothly, but I will continue to listen to the points that the hon. Lady and others make.

[Craig Mackinlay (South Thanet) (Con)]

Has my right hon. Friend had the opportunity to review collection rates of the criminal court charge, a system that is wholly despised by the lay magistracy? The concerns go beyond inherent unfairness; there are worries that bailiffs will chase debts that will simply be written off and never collected.

[Michael Gove]

My hon. Friend makes a characteristically pungent point. He is right to say that we have listened to a number of representations from representatives of the magistracy, but we have to balance those concerns against other judgments as well.