Meeting of the Parliament (Hybrid) 16 March 2022
Indeed—there is a role for the Scottish Sentencing Council.
The motion refers to the impact on owners, which, we can infer, should have an impact on sentences. However, to the best of my knowledge, the existing victim impact statements do not alter the weight of evidence, nor the value of any reports commissioned by the court, nor usually the sentence, although—and this is unusual—they may do so in the matter of serious crime, for example rape.
To give an example, two burglaries in an empty domestic property may have different impacts on different people, even though the events are identical. The burglar sneaks in through an unlocked door, lifts a computer and leaves. One householder in that situation is upset but angry, having left the door unlocked; another feels totally insecure in their home and violated by someone uninvited having been there. It would be difficult to argue that, all things being equal other than the impact on the householders, the penalties should be different. What is without contention is that data on dog thefts, both reported and prosecuted, and with outcomes, should be collected. That is an important move forward, and things should be changed in that respect.
Accepting, as I do, that animals are sentient beings and not things is another complication. Can we really argue that the theft of a dog should be equated to the abduction of a child? I do not have answers to such questions, but they have to be addressed. Legislation is tricky stuff, as we all know, and I have touched on just some of the difficulties, but I reassure Maurice Golden that I support his proposal. I will see his bill when it is introduced, and I hope that it functions properly, but we all know that issues such as those that I have mentioned must be addressed to make legislation that is sound and functional.
17:38