A PIT bull dog called Tyson has been given a stay of execution after magistrates refused to make a destruction order requested by the police.

The dog’s owner, Billy Woodhouse, must pay £329 before the dog is released back to his custody, though, and will also have to pay more than £1,270 in kennel fees incurred by Lancashire Constabulary since the dog was seized after being found wandering at Darwen Cricket Club in July.

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The court heard there was no complaint about the dog’s behaviour, and PC Katie Johnson, of the police dog handling unit, said Tyson was not aggressive when she examined him and said he was happy to be stroked.

Chris Keogh, for the police, said the dog was a prohibited type. He said the magistrates had to decide firstly whether it represented a danger to the public and then whether Woodhouse was a fit and proper person to have control of it after conditions had been imposed.

The magistrates rejected the application for a destruction order and agreed with the owner’s request for a contingent destruction order, which means the dog will be returned to him once it has been neutered, micro-chipped, tattooed, registered and third party insurance paid for.

Mr Keogh said the legislation said that if the requirements of the order were not paid for within two months, Tyson would be destroyed.

PC Johnson told the court Tyson had been seized by the police because he was of a prohibited breed. There was no history of the dog being violent.

She said, though, that Woodhouse, of Duckworth Street, Darwen, had a lengthy record, including violence, drug offences, burglary, theft and handling offences. He also had a history of breaching court orders, including community orders and conditional discharges.

“His previous history, coupled with his breach of court orders, is obviously a massive concern to the police,” said PC Johnson. “Dogs can mirror the owner’s behaviour and the saying the behaviour goes down the lead is very true. Exempting a pit bull terrier requires the owner to abide by conditions but the defendant has already shown he can’t abide by court orders.”

Once he is returned to Woodhouse, Tyson must be on a lead and muzzled when in public and must always be under the control of someone over the age of 16. Woodhouse is also prohibited from selling Tyson or giving him away.