XL bully exemption
The government’s temporary exemption scheme closed at midday on the 31 January 2024.
If you are yet to exempt your XL bully type, you must go through the existing process for exempting a dog listed under section one of the Dangerous Dogs Act.
Note
From 31 July 2024 it will also be illegal to own an XL bully type without an exemption certificate in Scotland. You can apply for exemption online or by post.
Northern Ireland has announced that similar restrictions around the keeping of XL bully types will be introduced. No timeframe has been set yet for the introduction of this new scheme.
What’s the process for exempting an XL bully type?
It is illegal to own an XL bully type without a certificate of exemption in England and Wales. This means your dog is at risk of being seized and kennelled by the police.
Important
If your dog is seized do not sign anything unless you fully understand the contents of the document and what it relates to.
If seized, the police will decide whether your dog should be released on the interim exemption scheme under certain conditions. You will need to have already neutered your dog and have third party liability insurance as a minimum if you are hoping your dog will be permitted to be released.
You’ll then need to go to court to exempt your dog and prove that they are not a danger to the public. This will involve a thorough assessment process of your dog’s past behaviour and temperament. You will also be assessed to check whether you are a fit and proper person to keep the dog.
What are the legal routes for exempting a dog?
The legal route for exempting your dog involves going through a lengthy assessment in the courts. This is also likely to be expensive.
Unless you can prove that the dog is not a danger to public safety and that you are a fit and proper person to own the dog, it’s likely the court will rule in favour of destruction.
Police will decide to prosecute you in one of two ways:
- An offence under Section 1 which makes it illegal to own one of the banned breed types
- Issue an application under Section 4B which is a civil provision where you apply for exemption through the courts
You may be entitled to legal aid if prosecuted under Section 1. If convicted, sentencing could lead to an unlimited fine and/or up to six months in prison.
You will not be entitled to legal aid under Section 4B so you will have to self fund, however there is no sentencing if you lose your case. In both instances, your dog will be destroyed (put to sleep) if you lose your case.
What if my dog is not an XL bully type?
The police have been given guidance and some officers have been trained in the specifications for an XL bully type dog, but the description is broad and could include crossbreeds with similar physical features.
You can choose to defend your dog on the basis that you believe they are not an XL bully type. The court will then consider expert evidence. If the court finds that your dog is an XL bully type, you may have to pay for the police’s legal and kennelling fees as well as your own.
What happens if I get my dog exempted through the courts?
You’ll need to pay for your exemption certificate which costs £92.40 and will last for the dog’s lifetime. You’ll also need to take out third part liability insurance each year through the Dogs Trust’s Companion Club scheme. Your dog will need to be neutered and continue to be muzzled and walked on lead in public.
