'I'm on cloud nine now I've got my XL bully back'

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Emily Moore Havana, a brown and white XL bully, sitting near a wood burnerEmily Moore

The court heard how Havana, five, was a soppy dog whose owners thought they had registered her with Defra

Seventeen suspected XL bully dogs have been spared death after magistrates opted not to impose destruction orders. The BBC was in court to hear the stories of these animals and their owners.

Magistrates in Great Yarmouth, Norfolk, sat in a special session over two days last week to determine the future of the dogs.

Each had been found to be unregistered with the Department for Environment, Food and Rural Affairs (Defra), a breach of the Dangerous Dogs Act that was amended in October 2023 to include XL bullies.

Magistrates had to be satisfied the owners were fit and proper people, that the dogs had passed police inspections and that registered addresses were secure.

The RSPCA said it was pleased the courts had given these dogs a lifeline, saying the owners would now be able to keep them lawfully.

Norfolk Police has not commented, but its legal representative said it could only apply for destruction orders, which could be modified by courts to spare the animal.

'Me and my husband were in tears'

Andrew Turner/BBC Emily Moore standing outside court holding her mobile phone showing a picture of her dog HavanaAndrew Turner/BBC

Emily Moore, from Norwich, expressed huge relief as magistrates spared Havana from a destruction order

Emily Moore, 48, said she was emotional when magistrates granted her five-year-old bitch Havana an exemption.

"I'll probably be crying with her, like the weekend when it all started," she told the BBC.

Mrs Moore, of Jermingham Road, Norwich, told the court she thought she had registered her dog before the deadline of 1 February.

However, when a police officer had called to the house for another matter, and saw the dog, checks found she had not.

"We had her neutered before the law came in; we had the liability insurance, we then thought we'd done all the Defra bits and pieces," said Mrs Moore.

However, she said she had missed a small "accept" button at the bottom of the online receipt when paying the registration fee.

She said she was emotional when the dog was taken away.

"I was shocked; me and my husband were in tears," she said.

"We did actually look into having our dog destroyed before the police were going to take her the following Friday."

Mrs Moore said she was comfortable having the dog around her family, including her young grandchildren.

"They love her as much as we love her. She is around them as much as we are," she said.

"We are good owners and I think that's what it takes to look after a good dog.

"I think Havana wouldn't do that [attack a human adult or child]."

'It's a massive weight off our shoulders'

Supplied Hugo, a brown and white XL bully-type dog lying on a carpeted floorSupplied

Hugo was found abandoned in a Great Yarmouth park and taken in by Theresa Connolly, who feared he would be destroyed if discovered by a dog warden

Theresa Connolly, 43, said she was was relieved at the court's verdict, having lived in fear the stray she called Hugo would be caught unregistered and put down by vets.

She explained how she had secretly adopted the dog after spotting him three times in nearby Bure Park, believing him to be abandoned and malnourished.

"I didn't want him to be destroyed, so I took the risk," she said.

"I've got a big heart and I love to care for people and dogs, so we took him in and we wanted to give him the home he deserved, and the love."

She said she had worried she would get caught in possession of a banned breed of dog, and believes a neighbour reported Hugo to the police.

On the court's verdict, she said: "It's a massive weight off our shoulders.

"I just feel like I'm on cloud nine and I've got my boy and he's at home and we're giving him a loving home and caring for him."

Defra n example of a dog Defra says is an XL bullyDefra

Other XL bully dogs were also granted exemptions by the court

Magistrates granted exemptions to the owners of other dogs, including:

• Dina, who lives in a house with five young children and two other dogs. Her owner did not want her to be destroyed but magistrates said: "This is a test about the public."

• Zeus and Boi. Police investigated claims they attacked their owner, who maintained she had been knocked over in Lowestoft, but being homeless put her in breach of the Dangerous Dogs Act.

• Luna, whose owner said he couldn't live without his pet, and blamed family illness for missing the deadline for registration, saying: "I can't imagine life without her."

• Lula, described as "extremely soft" and close to her owner's five-year-old and two other young children. Magistrates said it was a simple decision: "We aren't going to have the dog destroyed."

• Kush, named after a type of cannabis, was sold as an American bulldog but behaved well while undergoing a police examination.

• Another Zeus, who was also thought to be an American bull dog when bought by his owner. The court considered her to be a fit and proper person who met the conditions of the Dangerous Dogs Act.

Each dog and owner has to adhere to the rules granted by the exemptions set out in the Dangerous Dogs Act.

The RSPCA's charity's dog welfare expert Dr Samantha Gaines said the speed at which the ban on XL bully types was brought in meant owners struggled to meet the exemption requirements or deadline.

“While we welcome the decision to allow these dogs to go home to their families, we remain vehemently opposed to the ban on XL bullies and other types of dogs," she said

"This legislation wrongly punishes dogs for the way they look and distracts from the real causes of aggressive behaviour: the way in which they’re bred and the experiences they have in life.

"We will continue to campaign for reform of dangerous dog legislation."

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