XL BULLY LAW BESET BY TORTUROUS DELAYS, WARNS LEADING LEGAL EXPERT

THE XL bully ban is beset by “torturous” delays, a legal expert has warned.
Solicitor Justine Dexter is a legal expert on XL Bullies and specialises in cases involving the breed, which were banned under new rules rolled out 12 months ago in the wake of a spate of deaths.
But Ms Dexter, Senior associate solicitor at law firm Smith Partnership, said that one year on from its introduction, huge problems exist in the system.
Her comments come in the wake of a new warning from the National Police Chiefs’ Council (NPCC) saying that the breed was placing a “huge burden on policing”.
The NPCC said veterinary bills and the cost of kennelling were expected “to rise to as much as £25m” for the period between the introduction of the ban in February 2024 and April 2025.
Ms Dexter said: “This news from the NPCC will come as no surprise to anyone who works within this area or who has contact with agencies that do.
“As a criminal practitioner acting on behalf of owners who have had their dog seized and are awaiting a decision on prosecution or even a court case to resolve the issue, the delays can be tortuous and the cost such as kennel fees can be exorbitant.”
Ms Dexter continued: “It is clear that police forces are under huge pressure to enforce the law, which many consider to be a badly drafted piece of legislation, with limited resources.
“Funding is clearly a key factor. This in turn impacts owners of these dogs, victims in these cases and the welfare of the dogs themselves.”
Last year, Ms Dexter expressed concerns about the strain on police resources this law could cause, working on countless cases over the past 12 months.
Costing around £25-£35 per day to kennel a single XL bully, these costs amount to around £1000 a month per dog, according to the NPCC.
Since the ban was implemented last year, 848 dogs have been euthanised (between February and September 2024), which equates to a cost of approximately £340,000 in taxpayers’ fees.
The process of seizing an XL bully is a lengthy one, with court cases not being scheduled until mid-2026. With kennels already under strain, the demand will only become more severe.
Ms Dexter added: “From my own experience, everyone is trying to work out the best outcomes and deliver justice without being given the resources and tools to do so. Sadly, a common cry from practitioners in the Criminal Justice System.”
The issues within the system mean that getting legal support in this area is even more important.
Smith Partnership boasts the best experts in this area.

A Guide to the Law: Q&A

I’m not sure if my dog is an XL Bully. How might I check?

You have two main options. You might ask the police for advice. However, be aware that it could end up in your dog being seized. I had a client who did that and the dog was seized, he was prosecuted.
Eventually, after a long court process, the CPS agreed that the dog had been incorrectly typed as an XL Bully and he was returned home.
Alternatively, you might ask an expert. This is probably the best option. However, experts on XL Bully types are few and far between because of the way the Defra guidelines have been drafted.
Please note that the cost is significant. I use an expert, and the fee is in excess of £2,000.
The best way to search for one is via Google – there are a fair number listed on there but read the reviews before you commit.

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. If the opinion is that the dog is an XL Bully, then they will retain the dog in approved kennels.
There is no provision that the dog can be visited by its owner 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, etc.
If the client admits that the dog is an XL Bully that hasn’t been registered, then they often ask the client to sign a waiver giving up the ownership to the dog. The reality is that the dog would then be put down, as there is no power to rehome due to the Dangerous Dog legislation.
If a client agrees to do this, there is a “benefit” to them that they may take the view:
No public interest in prosecuting and matter is NFA’d.
Cautioned for the offence of possession of an XL Bully.
Avoids paying any kennel costs.
Avoids prosecution for the offence.

I’m convinced my dog has been incorrectly taken away. What should I do next?
Instruct a lawyer. All advice in the police station is free and this is regardless of your means.
If the case is being prosecuted, again, seek legal advice. Legal aid may be available to you subject to merits and means test.

How much will it cost to get my dog back? And are there any costs to me for this process?
It depends on what stage the case is at and whether legal aid is available in your case. It can be an expensive exercise.
While a case is pending at court, the kennel costs accumulate. A dog costs approximately £25 per day to kennel, and until the case is resolved the client is at risk of being ordered to pay these costs at the end of the case – and this can run into thousands of pounds.
If the client pleads guilty or is found guilty, the prosecution will apply for a compensation order to cover the costs.

How long will I have to wait for legal support?
When a dog is seized, the initial DLO assessment takes place almost immediately, within a few days. A police interview will then be arranged within a few days or weeks.
If the matter is prosecuted, proceedings will commence in approximately six-eight weeks. The offence is summary only, so it must be commenced within six months.
When a case is first at court, a plea will be entered. If a guilty plea is made, it may be dealt with immediately or adjourned for a few weeks for sentence.
However, if not guilty, the case will be adjourned for trial. With the current listing issues, the case may not be concluded for a few months – and the dog remains in kennels during this time.

My dog was wrongly seized. Could I be compensated?
This is unlikely, and a civil claim would be difficult. However, any direct costs, such as those that relate to the dog being in a poor state on return and needing veterinary care, would require a claim to be made directly to the police.

What happens if it comes to defending the case?
The burden of proving that a dog isn’t an XL Bully in these types of cases rests with the client (defendant). It’s a reverse burden of proof case, so a reputable expert is key to success.
That is why proper legal advice is crucial.
If the dog is admitted or found to be an XL Bully by the court, will it be destroyed?
There are various options that the court has:
Destruction order – the dog is destroyed.
Contingent destruction order – the dog is placed on the exempted breed register and must be kept under strict conditions, including on a lead and a muzzle in public, neutering, insurance.
Then, there is a test for the court to consider: Does the dog present a danger to public safety? Is the client a fit and proper person?
There are various considerations including dog temperament, previous incidents, kennel behaviour, and an expert assessment.
Again, legal advice and an expert opinion is important here.