The Government has no need to outlaw American Bully XL dogs since, according to existing law, the breed is already banned, a top lawyer has declared.
Leading criminal defence lawyer Nick Freeman points out that as a crossbreed of a Pitbull, the giant animals already fulfil the criteria of dangerous dogs according to existing legislation—the Dangerous Dogs Act 1991.
This means that anyone in possession of an American Bully XL or any American Bully is already breaking the law by owning such a dog, and that action can be taken.
“An American Bully XL is a crossbreed of a pit bull and an American Staffordshire Bull Terrier (which is itself described as a Pitbull). So, the dogs fall squarely within the definition of a dangerous dog as outlined by the Act,” says Freeman, whose clients include David Beckham, Jeremy Clarkson, and Paddy McGuinness. “This means that the Government has no excuse to drag its feet over acting immediately to curb the widespread dangers posed by these animals.”
The Act outlaws ownership of four types of dog: the Pitbull Terrier, Japanese Tosa, Dogo Argentino, and Fila Brasileiro.
However, Freeman, known as Mr Loophole for his ability to win cases based on legal technicalities, says the Dangerous Dogs Act further states that to own a dog of that ‘type’—which can include crossbreeds—is also a criminal offence.
Rishi Sunak today vowed to ban the dogs by the end of the year, after the latest incident involving the American Bully XL breed in which a man died after being savaged by two dogs outside a property in Staffordshire.
Earlier this week, the Home Secretary Suella Braverman said she was seeking “urgent advice” on banning “lethal” American Bully XL dogs. Her statement came after footage was posted online of a vicious attack on an 11-year-old girl in Bordesley Green, Birmingham.
Dog attacks have risen by more than a third over the past five years, and of the 10 fatal dog attacks in the UK last year, more than half of them have involved the American XL Bully. The dogs have been linked with several attacks in recent months alone, including one near Wrexham in North Wales, in which 22 pregnant sheep were killed. And earlier this year, Jonathan Hogg, 37, died after being attacked while looking after his friend’s dog, reported to be an XL Bully.
Says Freeman: “I can’t help wondering why Suella Braverman, herself a qualified lawyer, hasn’t previously picked up on this point. Given the provisions of the Act, these dogs are clearly already illegal. There is no need to wait for an official ‘ban,’ as Rishi Sunak has promised. As such, the police have full authority to remove these dogs from society, thereby reducing the risk they pose to the general public and their pets.”
The American XL Bully is thought to have been introduced in the 1980s. Over time, they have been crossed with a number of other breeds to create an even more muscular and aggressive dog.
The Dangerous Dogs Act gives the Government the right to ban any breeds that appear to be “bred for fighting or to have the characteristics of a type bred for that purpose.”
Owners can get an unlimited fine or be sent to prison for up to 6 months (or both) for having a banned dog. (The maximum sentence for a fatality is 14 years.)
That’s why, says Freeman, it is wrong to say that the American Bully XL is not subject to any legal restrictions in the UK. It is already a banned breed.
“The American Bully XL is not only a crossbreed of a banned dog, but it has also been bred for fighting. On both counts, the legislation is robust and makes it clear that these dogs are illegal. That’s why in many countries they are classified as a Pitbull and already outlawed.
“Of course, for the purposes of clarity, it would help for the American Bully XL to be specifically mentioned in the Dangerous Dogs Act. But in the interim, the Home Secretary must make it clear to the police that these are banned dogs and that anyone seen owning one will be penalised and the dog destroyed.”
About Freeman & Co.
Freeman & Co. are a specialist firm of road traffic and criminal defence solicitors based in Manchester but with nationwide coverage.
Freeman & Co. specialise in a wide variety of road traffic cases, ranging from drink driving, speeding and mobile phone offences, to name but a few.
The firm was created by Nick Freeman, who has been dubbed “Mr Loophole” by the press for his technical legal ability and robustly challenging the prosecution.
Nick is well regarded as an expert road traffic lawyer and has successfully represented many high profile clients for a variety of motoring offences as well as criminal offences.
The firm of Freeman & Co. embodies the way Nick works, with minute attention to detail and challenging the prosecution at every turn.
If you are facing a road traffic matter or criminal offence and need the services of Freeman & Co. please call on 0161 236 7007.
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Freeman & Co Solicitors
8 Oxford Court
Manchester
M2 3WQ
Tel. 0161 236 7007
