This year, the country has been shocked by a number of widely reported attacks by ‘American XL Bully dogs’, some of which have been fatal. Last month, a man passed away following fatal injuries caused by a dog suspected to be an American XL Bully. Significantly, the owner of the dog responsible for the attack was subsequently arrested for murder. It was even recently reported that XL Bully dogs are being specifically selected by gangs and trained to be used as weapons. Following the number of high-profile attacks, PM Rishi Sunak described American XL Bully dogs as a “danger to our communities…It is a pattern of behaviour and it cannot go on”. As a result, it has just been announced that American XL Bully dogs will be banned in England and Wales under the Dangerous Dogs Act 1991 at the end of this year.

In this blog, we look at the upcoming changes in the law and what it means for owners of American XL Bully dogs.

Do I have an American XL Bully?

Importantly, it is the physical characteristics of the dog which determines whether it is banned, not its breed. On 31 October, the government published the official definition of an American Bully XL. This includes guidance in relation to the height, head, teeth, neck, forequarters, body, hindquarters, feet, tail and coat of the dog, which all owners should consult carefully to determine whether their animal is caught by the definition.

What do I need to know as an American XL Bully owner?

From 31 December, it will be illegal to breed, sell, advertise, exchange, gift, rehome, abandon or allow to stray American Bully XLs. If the dog has puppies following this date, you must either keep them or have a vet put them to sleep.

From 1 February 2024, it will be illegal to own an American Bully XL unless it has been registered on the Index of Exempted Dogs. Currently, banned dogs that the court deem not to be a danger to the public are capable of being placed on this index and owners of American Bully XLs have until 31 January 2024 to apply to register their dog.

All dogs on this index must be:

• Neutered by June 2024 (however if your dog is less than one year on 31 January 2024, it will need to be neutered by 31 December 2024);
• Microchipped;
• Leashed and muzzled while in public; and
• Kept in a secure place.

Owners with dogs on this list will be provided with a Certificate of Exemption which will be valid for the lifetime of the dog.

The requirements on owners of exempted dogs are:

• To take out insurance against the dog injuring others;
• Be over 16 years old;
• Show the Certificate of Exemption when asked by a police officer or council dog warden either at the time or within 5 days; and
• Let the Index of Exempt Dogs know if they change address or the dog passes away.

Owners that do not have a register for the exemption for their dog by 1 February 2024 could be faced with a criminal conviction and an unlimited fine if they are found to be in possession of an American XL Bully. Their dog may also be seized.

The Dog Control Coalition

There is significant opposition to the Government’s proposed action. In particular, the Dog Control Coalition, comprising of the British Veterinary Association, RSPCA, Blue Cross, Battersea, Dogs Trust, Hope Rescue, Scottish SPCA and The Kennel Club, have voiced concerns regarding the ban of American XL Bullies and the impact of breed specific legislation.

A spokesperson of the Dog Control Coalition has stated that while they entirely agree that action must be taken to protect the public, the Dangerous Dogs Act in its current form, is not necessarily the correct instrument to do so “…with its continued focus on specific breeds, rather than a focus on prevention and implementation of tougher penalties for those owners not in control of their dogs, it is not fit for purpose.”

They have also raised concerns regarding the scope of definition for American XL Bullies and the ambiguity of “how many tens of thousands of dogs could be fall within this breed specification”.