THE life of a banned dog has been spared after police officers said there was no evidence it was dangerous.

The pit bull terrier, known as Max, faced a potential destruction order at Poole Magistrates Court yesterday afternoon.

Magistrates heard its owner, David Cook of Iris Road, Bournemouth, had allowed the pet’s liability insurance cover to lapse, leading to its being confiscated by police on July 4 this year.

However, officers agreed that despite Max being on the banned breeds list, there was no evidence of the dog having a poor temperament, and that Mr Cook, 30, was considered to be a responsible owner.

The prosecutor said: “It was not intended to prosecute the respondent. But we are not able to release the dog back to the respondent because it is prohibited under the Dangerous Dogs Act.

“It is up to you whether you make an order for destruction or a contingent destruction order.

“It hasn’t shown an instance of violence.”

Magistrates agreed to issue a ‘contingent destruction order’, that once Mr Cook had renewed his insurance Max would be returned home, and would not be destroyed so long as insurance was in place.

Mr Cook, who was not subject to any criminal charges, said nothing during the hearing except that he had not seen his dog since it was taken away.

The Dangerous Dogs Act was introduced in 1991, largely in a bid to clamp down on dog fighting by prohibiting the ownership of favoured breeds.

There are four banned breeds - alongside the pit bull terrier are the Japanese tosa, the dogo Argentino and the fila Brasiliero.

All have been bred either for fighting pits or for hunting large animals.

Under the act police can confiscate and destroy banned dogs even if they are well behaved and there have been no complaints made, although sometimes there is confusion over an animal’s precise breed which is determined through outward physical characteristics.

Owners may be permitted to keep banned dogs if they can justify they are safe, however they must be kept muzzled in public and are subject to special liability insurance.