New Laws For The Paws! The Pet Abduction Act 2024

The Pet Abduction Act 2024

The English law is finally recognising cats and dogs as more than just property. We are a nation of animal lovers so it is about time the law caught up with the fact that our furry friends are family members, not just “belongings”, as now. 

The legislation came into force on 24 May 2024, making it a criminal offence to 

• Take or detain a dog so that it is removed from or kept from the lawful owner.
• Take a cat so that it is removed from the lawful control of any person. 

Anyone found guilty of the above could face up to five years in prison, a fine, or both. 

The offence is not committed if person A (who took the dog), and person B (whose lawful control the dog was taken from) and the dog, all lived together in the same house at some point. 

To clarify, if you have not lived with an ex-partner, who has taken your cat or dog, the Pet Abduction Act 2024 will apply to you. 

 

Is there a defence? 

The following defences are available: 

1. That the person believed that the dog was a stray dog,
2. That the person took all reasonable steps to return the ‘stray’ dog to the owner or Local Authority, and 
3. That the person did not detain the dog for more than 96 hours, (4 days). 

 

What does this mean for pet disputes between families, cohabiting couples and/or married couples? 

The good news is  Blanchards Law can still help, even if the police will not. 

If you are unable to resolve a pet dispute on your own, solicitors, mediators and/or civil small claims courts can step in to lend a hand. Please refer to our blogs entitled, “who keeps the dog?” and “The ultimate guide to pet custody: All your questions answered” for further guidance as to the options available.

The legislation can be used to our advantage in civil courts as the Law now identifies cats and dogs as sentient beings, capable of experiencing distress and other emotional trauma when they are taken from their owners or keepers. 

The new law goes hand in hand with the case of Sharma v Plumridge [1991] whereby the claim concerned two rough collie dogs, called Tiger and Shirley. Mr and Mrs Sharma purchased the dogs from a breeder in May 1987. In December the same year, having been out shopping, Mr and Mrs Sharma returned home to find that their dogs were gone. The following day, the dogs were found and handed into the local police station. Both dogs were then placed in kennels and later sent to an organisation called “Collie Rescue”. The rescue, represented by Mrs Plumridge, placed Shirley with a Miss Roper and Tiger was placed with Mrs McNeil. Essentially upon appeal, it was ordered that the dogs were to remain in the care of their new owners. It was decided that the dogs, having spent a year with their new owners, should not be returned to Mr and Mrs Sharma. Only harm would  be done should the dogs  be uprooted and sent back to their original owners. This case demonstrates, that (1) Judges, when considering a pet dispute, have a huge amount of discretion when making decisions and (2) that even in 1991, dogs were starting to be considered as sentient beings by some members of the judiciary. However, now, in light of the new legislation, we can argue that dogs and cats must be considered as living beings and therefore their best interests should be taken into account when making an Order.

Please refer to the Act at Pet Abduction Act 2024 (legislation.gov.uk) for further information. 

If you are involved in a pet dispute with a family member, ex-partner or spouse, please do not hesitate to contact us and speak with a member of our pet custody team who would be happy to assist in finding you a way forward. Please see a link to our Pet Custody brochure for further information.