SP Bill 58A Session 6 (2025) 2 Dog Theft (Scotland) Bill (5) A person is taken to have shown a fact mentioned in subsection (3) or (4) if— (a) sufficient evidence of the fact is adduced to raise an issue with respect to it, and (b) the contrary is not proved beyond reasonable doubt. (6) A person who commits the offence of dog theft is liable— 5 (a) on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the prescribed sum (or both), (b) on conviction on indictment, to imprisonment for a term not exceeding 5 years or to a fine (or both). (7) In subsection (6), the “prescribed sum” has the meaning given by section 225(8) of the 10 Criminal Procedure (Scotland) Act 1995. 1 (8) In this section— (a) references to a person taking a dog include the person— (i) causing or inducing the dog to accompany the person or anyone else, or (ii) causing the dog to be taken, 15 (b) references to a person keeping a dog include the person— (i) causing or inducing the dog to remain with the person or anyone else, or (ii) causing the dog to be kept. 2 Theft of assistance dogs (1) An offence of dog theft is aggravated if a dog which is taken or kept is a helper dog. 20 (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, and (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. 25 (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— 30 (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...