XL Bully dogs: Legal expert on new laws EVERY owner must know

The case involving Lancashire Police has once again brought into sharp focus the newly implemented laws which are designed to protect the public from dangerous dogs.

Justine Dexter, an Associate Solicitor at East Midlands law firm Smith Partnership, is an expert in this area. She has worked on a number of cases this year, assisting owners who have been prosecuted under the new law. She liaises with police forces and works with experts who are able to identify the banned breed.

Here, Justine provides a definitive guide on all you need to know about the new law.

How does the new ban work? Ownership of American bully XL dogs is restricted under the Dangerous Dogs Act 1991. This means it is now a banned breed in England and Wales along with the Pit Bull Terrier, Japanese Tosa, Dogo Argentino, and the Fila Brasileiro. The law was implemented in stages but from the 1st of February 2024 it is an offence to possess an XL Bully without an exemption certificate. The deadline for applying for the certificate was the 31st of January 2024. It is also illegal to breed, sell, advertise, gift, exchange, abandon or let XL Bully dogs stray. The offence carries up to 6 months imprisonment

The government said it received 61,000 exemption applications before the deadline. Anyone choosing not to keep their XL bully had to take it to a registered vet to be euthanised by 31 January 2024.

How many cases has the Government dealt with so far? It changes month-by-month, but as of 22 April 2024, the government said it had processed 395 valid euthanasia compensation claims, at a cost of £76,500.

My dog has been seized on suspicion of being an XL Bully. Are the police allowed to do this?

Yes. They have the power to do this under the Dangerous Dogs legislation to seize an animal that they suspect to be an XL Bully.

What will happen to my dog after it is seized? The police will undertake a “type” assessment. This is usually undertaken by a specialist officer known as a Dog Legislation Officer (DLO). If their opinion is that the dog is an XL Bully, then they will place the dog in their approved kennels.

There is no right for the owner to visit the dog during this time. The location of the kennels is kept secret.

The next step would normally be for the police to invite the client to the police station for a voluntary interview, asking questions about the type of dog the client believed the animal to be, where it was purchased, who owns it, etc.

If the client admits that the dog is an XL Bully that hasn’t been registered, then the client maybe asked to sign a waiver giving up the ownership of the dog. The reality is that the dog would then be euthanised, as there is no power to rehome.

If a client agrees to do this then they may avoid: - Prosecution for the offence and/or possibly an out of court disposal. Paying any kennel costs and court costs.