A 'family dog' owned by a Swindon man facing drugs charges has been allowed to return home after being seized by police. 

Alex Day, 28, from Holbein Court, Grange Park, appeared at Swindon Magistrates' court on June 17 accused of possessing thousands of pounds in the proceeds of crime, being concerned in the supply of cannabis and possession of a fighting dog - an XL Bully. 

Magistrates referred the first two charges to crown court because of their seriousness after Day did not indicate a plea but did address the matter of the dog, for which he pleaded guilty to owning without the required paperwork. 

Prosecutor Keith Ballinger explained that Wiltshire Police visited a property in Market Lavington in April this year for a matter unrelated to Day, and noticed the dog in question there.

They returned a week later and Day was present. He told them that the dog was his but because he did not have the required paperwork for XL Bullys that was brought in after the breed was banned in the country this year, they made the decision to seize the animal. 

Mr Ballinger said: "Mr Day, accepted being the owner of the dog but couldn’t produce any paperwork, the dog was seized by PC Duffy, who examined the dog, he is a trained dog handler, and he determined that the dog was an XL Bully type dog, and therefore has to have an exemption for it to be owned."

He added police were unaware of any issues or incidents relating to this specific animal and that Day himself was unaware his pet was an XL Bully so didn't think he needed to fulfil the legal requirements. 

Emma Hillier, defending, said: "Mr Day tells me that his dog is a big softie that plays very well with his children and has never been aggressive.”

“He has gotten the dog insured and microchipped and walks it on a choker.

“He is a fit and proper person to own the dog and he has indicated that if he is allowed to keep the dog, he will comply with the exemption requirements, and has complied with everything apart from getting it neutered, which he is happy to do."

The court heard how the pet used to live with Day, his partner and two children aged one and two before being taken by police. 

It had been kept in kennels since April, at a cost of £1,800. 

PC Duffy also gave evidence in court, stating that he had no concerns over the animal, and that it had been a 'good tenant'. 

In reaching their verdict, magistrates told Day: "We’ve heard the circumstances around your dog, it’s clear that it’s an XL Bully and you know that.

“We are going to let you keep the dog but we must warn you that a lot of attacks of Bullys can be in the home, your dog has been in kennels for some time, so get an appropriate muzzle and we can’t impose it, but will advise you to have the muzzle on around the children, but it is your risk that you take, we're trusting you as a responsible dog owner that you won’t put your children in danger."

Day was also ordered to pay a fine of £120, a surcharge of £48 and a prosecution contribution of £85. 

He was also told to pay £1,500 to Wiltshire Police to reimburse them for the kennelling costs. 

If the outstanding requirements are not met by  Day within eight weeks, police will seek to destroy the dog.

Day will next appear at Swindon Crown Court on July 19, in relation to the other two charges.