14 March 2024 , 21:11
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A dog owner fears his beloved pet could be put down after he was confirmed to be an XL Bully and seized by police.
Damian Spencer, 51, from near Kingsway in Derby bought 'Stoney' for £50 back in April 2022 without realising he was an XL Bully, a controversial breed of dog. Often, these type of pups could sell for thousands of pounds until a ban on them was introduced at the end of January this year.
Now, a valid Certificate of Exemption is required to legally own an XL Bully. He had believed that the now-two-year-old dog was a mixed mongrel-type breed. But as the dog started to grow Damian grew concerned that Stoney was in fact an XL Bully, reports Derbyshire Live.
After deciding to get a vet's opinion on the subject and due to personal health issues, however, the only appointment Damian said he could book was after the cutoff date of January 31. Damian rang the police and was told that as he didn't know his dog was an XL Bully, he would be able to register for a certificate after the cut-off date.
Yet after the vets confirmed that Stoney was in fact an XL Bully, Damian alleges that police asked him to sign the dog over and, when he refused, the dog was taken off of him on February 24 as part of an investigation. He said: "It has been really hard, he is my pet but for my son who struggles, Stoney is his companion. Stoney is an amazing dog and plays so well with others.
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"He really is as good as muck. I rang up the police to let them know and then some officers came and told me to sign him [Stoney] over. I refused to [sign him over] and then they came round again and I ended up having to give them the dog." Damian says that Stoney's fate is now being decided and he has had to fork out hundreds on dog solicitor fees.
Stoney is as 'good as muck', says his owner (Derby Telegraph / BPM Media)Derbyshire Constabulary confirmed an investigation into the incident was ongoing. A spokesperson for the police said: "The first stage of the XL bully ban came into force from 31 December 2023, and a dog of the type known as the XL bully was added to the Dangerous Dogs Act 1991. It became an offence to sell, abandon, allow to stray, give away, breed from or have an XL bully in public without a lead and muzzle.
“Owners who believed their dog(s) could be an XL bully type and wanted to keep them, were strongly encouraged to apply for a certificate of exemption through the Defra Portal before the application process closed on 31 January 2024. This was a well-publicised owner-led process which at the time was independent from the police.
“As of February 1, 2024, the second stage of the ban came into effect. It became an offence to be in possession of an XL bully dog without a certificate of exemption and/or keeping an XL bully dog without abiding by set conditions. After this date, any dogs without such a certificate, or that didn’t meet the set conditions, could be seized by police. Dogs would then be placed into police kennels until the end of proceedings or released on a temporary basis on the interim exemption scheme.
“The only way to legally have a new XL bully exempted after this date is following a court process which will involve a review of the dog and owner’s history, the co-operation of the owner, and whether they are deemed a fit and proper person. We know this is a highly emotive subject, but many responsible owners have embraced the legislation, applying for the exemption certificate, and complying.
“We continue to work closely with various partners in educating and improving dog ownership. There is a responsibility on all of us to ensure that we do all we can to keep the dogs safe through responsible dog ownership and ultimately minimise any risk posed to the public.”