Katy Smith from Burghfield Common allowed ‘danger dog breed’ XL Bully to roam illegally

A WOMAN allowed a banned XL Bully dog to roam free in public without a lead or muzzle.

Police were called by alarmed members of the public and impounded the dog.

But the animal, named Diesel, won a reprieve from being immediately destroyed after Reading magistrates instead made a ‘contingent destruction order’ on Thursday, February 27.

In the dock was owner Katy Smith.

The 20-year-old, of Reading Road, Burghfield Common, admitted possessing a ‘fighting dog’, namely an XL Bully, to which section 1 of the Dangerous Dogs Act 1991 applied, on October 20 last year.

Ann Davies, prosecuting, said the dog was running free on a patch of land outside a Tesco store by Smith’s home.

It was not registered, neutered, microchipped, on a lead or muzzled as required by law, the court heard.

Ms Davies said police seized the animal and a dog legislation officer (DLO) – a police officer trained in dog law and how to identify banned dogs – said Diesel had almost all the characteristics of the breed, which is now illegal to own without a valid certificate of exemption.

The legislation was introduced following a rash of fatal dog attacks on people.

Ms Davies told magistrates: “Possession of these dogs is an offence… these dogs can be extremely dangerous.”

Kam Varaitch, defending, said his client had agreed to take Diesel from her cousin after it clashed with other dogs.

She had been unaware of his breed, he added.

Mr Varaitch pointed out that his client had no previous convictions, had been fully co-operative with police and that the dog had not been aggressive towards anyone.

Smith was keen to be reunited with her beloved pet, who she considered to be her “best friend”, the court heard.

Diesel was being cared for in kennels awaiting the court’s decision on his fate.

The court clerk and legal advisor to the magistrates told them that they were required to order the destruction of the dog unless they had been convinced that it did not pose a risk to the public.

After conferring, magistrates decided against ordering Diesel’s immediate destruction.

Instead, they made a contingent destruction order.

To comply with this, and avoid the dog having to be put down, Smith must have Diesel registered, microchipped and neutered.

In addition, he must be muzzled and on a lead at all times when in public.

The conditions must be met within two months once Diesel is returned to Smith, magistrates ruled.

In addition, they fined Smith £40.

Finally, Smith was required to pay £40 costs, plus a statutory victim services surcharge of £16.