Dog owner wins case against police over wrongly labelled banned breed

Mack, a seven-year-old large Staffordshire Bull Terrier, was seized by police in February after officers received a report that he was a Pitbull-type dog.

Under The Dangerous Dogs Act 1991, select breeds such as Pitbull Terriers are banned and can be seized by police and legally put down.

Mack was held in kennels for 56 days before being returned to his owner, Cassey Johnston, 32, under the Interim Exemption Scheme, with a number of restrictions, including being muzzled in public.

But Ms Johnston fought the order with the help of Rocky’s Army – a group which supports people whose dogs have been seized by police.

At a hearing on Wednesday, magistrates in Workington found that Mack did not meet a ‘substantial number of characteristics’ and could not be determined to be a Pitbull Terrier-type dog.

They ruled that Mack is not a danger to public safety and Ms Johnston is a ‘fit and proper person’ to be in possession of him.

Mack, a large staffy dog, was wrongly labelled a banned breed and was seized by police (Image: Submitted)

Ms Johnston, of Parton, Whitehaven, said: “It’s a huge relief. It’s gone on for nine months. It shouldn’t have come this far.

“It’s about £950 in kennel fees. The court costs were £3,585, so that’s well over £4,000 of taxpayers’ money that’s been wasted.

“There have never been any incidents with him or behavioural problems. He’s never caused distress to anyone. He’s such a soft dog. He doesn’t even bark. He gets along with other dogs.

“Police were pushing for him to be leaded and muzzled for the rest of his life. That won’t happen now.

“My little boy, Ryan Jnr, got to walk him on the lead on the way to school this morning, so he was happy about that. He couldn’t understand before why he couldn’t walk him on the lead or throw a ball for him on the beach.

“It’s affected the whole family. It’s been so stressful. My little boy has received so much unnecessary trauma. He’s had sleepless nights, crying, not understanding where his dog was.”

Mack will no longer have to be muzzled in public after his owner Cassey Johnston won a court case against Cumbria Police. Pictured with her son, Ryan Jnr. (Image: Submitted) (Image: Submitted)

Ms Johnston now wants police to be more informed about identifying banned breeds ahead of the XL Bully dog ban next year.

“She said: “I think they need to up their game before the XL Bully ban comes into place. The Pitbull legislation has been in place since 1991 and they obviously still don’t know enough about that to be able to seize people’s dogs. It needs to be looked into.

“The XL Bullies are the ‘in fashion’ dog at the moment. There is a high number of incidents with them because more people are wanting them. More people who shouldn’t have any breed of dog and aren’t responsible owners, are getting them because they’re ‘in fashion’.”

Ms Johnston is urging anyone else going through a similar experience to get in touch with Rocky’s Army for help.

She said: “I didn’t take the decision lightly [to oppose the order] but for a dog not even half way through his life, he didn’t deserve to be leaded and muzzled for the rest of his life. It was something that I had to do.

“How many dogs have been destroyed or forced to be leaded and muzzled for the rest of their life?”

A police spokesperson said: “Cumbria Police were made aware of a dog of a possible banned breed living at an address in Whitehaven in February 2023.

“The dog, Mack, was examined by one of the Constabulary’s Dog Legislation Officers, who confirmed it had substantial characteristics of a Pitbull type and was therefore suspected to be a banned breed.

“The dog was seized, but, utilising the Interim Exemption Scheme, was returned to the owner under certain conditions, pending the final hearing.

“The court has decided that Mack is not a banned breed and therefore the conditions imposed as part of the Interim Exemption Scheme have now ceased to have effect.

“Our priority is to keep the people of Cumbria safe, and any reports such as this will always be fully investigated and we respect the court’s decision.

“Anyone with concerns around a possible banned breed can report online at www.cumbria.police.uk/report-it,  phone on 101 or alternatively, you can contact Crimestoppers, anonymously, on 0800 555 111.”