The addition of the American Bully XL to the Dangerous Dogs Act as the 5th prohibited breed is now a year on. Has it made a difference to attacks?
From 1st February 2024 it became illegal to own an American XL Bully dog without a certificate of exemption. This can now ONLY be awarded by the court to allow a dog to be granted a Certificate of Exemption by DEFRA.
The Police have trained Dog Legislation Officers who undertake a course of 2 weeks to become one. Those in post in January 2024 did one day “upskill” training which was claimed to be sufficient to enable them to identify an XL “type” dog. A dog must be thought to have a “substantial number” of the characteristics of a banned breed in order to challenge the owner. There is no legal definition of substantial. Every expert makes their own determination where that line lies.
It is important to understand that Police can seize and deem a dog as a banned breed and later conduct an assessment under a DLO examination. If the dog is decided to be an XL Bully or other banned type, the matter must go through court. If the owner believes the Police are wrong they employ an independent expert to assess the dog and see if they agree it is. If they do not agree, the matter will be argued in court.
Sadly since the ban came in, there have been many fatal and serious attacks by dogs claimed to be XL Bullys, some of which were legally exempted. Isn’t this an indication that the ban is not working? Could there be a better route? Many groups think so and there are campaigns asking for licensing and owner testing.
If you missed the exemption self register deadline of 31st Jan 2024 or you are challenged that your dog may be type, you can still ask the court to exempt your dog, there is no ability for Police to simply destroy your dog. Ask for advice if you are not sure.
DEFRA said from the start that there would be a method to remove dogs from the register if someone had self exempted in error. I have sent FOI requests for several reasons. The lack of this process (Scotland had it already) is one of my questions. DEFRA keep saying (last Feb 2025) they are working on it……………
I have made 2 new advice sheets for owners and victims. Stay safe and stay vigilant.
