A man who had his dog seized after police received a tip-off it was unregistered claims he did not know it was a banned XL bully.

Officers took Rocco from Ashley Martin’s home in December because he had failed to secure a certificate of exemption for it before new legislation came into force last February.

The 29-year-old argued he believed Rocco was a different breed but was charged with custody of a fighting dog, with police keeping the XL bully in kennels ever since.

But Martin has now been given a chance to save the dog from being put down if he complies with strict conditions imposed by a court.

Martin, of Dallas Brett Crescent, Folkestone, appeared before magistrates in the town on March 21 and admitted the offence.

The court heard police had been given information there was an XL bully living at his home, and when officers arrived they found Rocco, who was described as a “very large dog”.

He was assessed by an animal expert and was deemed to have a good temperament.

Prosecutor Neil Sweeney added: “He was not able to be handled, but that was out of fear rather than aggression. The dog was muscular, but in good condition.”

Magistrates were told Rocco was seized and later ruled to be an XL bully by the expert, who noted he did become a little aggressive around other dogs and would sometimes bark at them in the kennels.

However, Mr Sweeney added: “The expert thought he was a well cared for dog and there were no real problems.”

As an XL bully without a valid exemption certificate, Rocco faces the threat of being put down, with Kent Police euthanising more than one a week in the first six months of the ban.

But Mr Sweeney told magistrates they could make a contingent destruction order, meaning Rocco could be given back to Martin if he complied with certain conditions.

These were that Rocco be chipped, insured and neutered, with garden fencing at Martin's home high enough to prevent him escaping.

He would also have to be muzzled in public and not walked by anyone aged under 16.

Rocco Marinaccio, defending, said Martin lived with his parents - who supported his efforts to get Rocco back home - and would comply with any court order.

“It was a rescue dog he took on,” he explained.

“[He and his family] are responsible carers. They’ve had various rescue centre dogs before, and these dogs were taken in as family pets.

“This one was a friend’s dog that needed rehoming and [Martin] now accepts it is an XL bully, but he believed it was another breed.

“He wants the dog back and they are good and fit people [to own a dog].

“He will do what it takes. He’s already got the insurance, and no one under 16 will walk the dog and it will be muzzled. There is no risk to the public.”

Magistrates agreed to make the order and gave Martin two months to comply with the conditions. If he meets all of the requirements, he will be able to secure an exemption certificate for Rocco and the dog will be returned.

Martin was also fined £45 and ordered to pay a victim surcharge of £18 and £85 court costs, but he will not have to pay any kennel fees

The chairman of the bench told him: “You have been really lucky as the police didn’t get their act together for the kennel costs, so there are no costs.”

Last month it was revealed that seizing XL bully dogs is expected to have cost Kent Police more than £1 million by the end of this financial year.