The owner of an XL Bully-type dog had it seized by police after he failed to get it registered – believing it was not of the banned breed.

Josh Miller told a court his pet Rocco was returned to him nine weeks later as it had been deemed safe by police, but was covered in fleas and had an ear infection and skin condition.

The dog lover also told magistrates he believed his pet wasn’t an XL Bully as its parents were not XL Bullies and Rocco did not meet the height criteria on the exemption guidelines on the Defra website.

His family had only called police for advice after applications closed on February 1.

However, just days after making the call, officers turned up at his home in Tonbridge and seized Rocco as they deemed him an XL Bully-type.

But just nine weeks later, Rocco was returned as he had been deemed safe and was given an interim exemption certificate.

Miller, 31, said the pooch also came home with an ear infection, fleas and a skin condition - but police have since said a "return receipt" would have been signed by the owner to confirm they were happy with their dog's condition.

Despite Rocco being deemed safe, Miller, of Whetsted Road, Whetsted, near Paddock Wood, was still charged with possessing a fighting dog under the Dangerous Dogs Act.

He admitted the offence when he appeared before magistrates in Maidstone on July 1.

Defending himself, Miller, who works in construction, told the court he didn’t think Rocco had needed to be registered for an exemption certificate, as he was shorter than 51cm.

He said: “He wasn’t up to that height and Rocco’s parents are not XL Bullies so why should I register as he didn’t fit the criteria?"

He added: “It’s difficult to establish [if a dog is an XL Bully] the guidelines are very vague and on the paperwork, he’s not an XL Bully, but I will follow the rules.

“He’s now registered as the police gave me an interim order, but I didn’t determine him to be an XL Bully, he’s not aggressive, it’s so confusing.”

Asked why he tried to apply for an exemption certificate at the 11th hour, Miller replied: “I was nervous, and I’d rather follow the guidelines.”

Prosecutor Terry Knox said it had cost the police £2,149 to keep Rocco in kennels.

Magistrates told Miller he had done the best he could to find out if the dog needed registering but had left it late.

They did admit the guidelines may have been difficult to understand.

“…a return receipt is signed off by the owners to confirm they are happy their dog is in a fit and healthy condition…”

They fined Miller £183, ordered he pay £500 to police towards kennel costs, plus a victim surcharge of £73 and £85 in court costs.

They also ordered Rocco be placed on a contingent destruction order which means he must be muzzled and on a lead at all times in public and only walked by a person over the age of 18.

He was already insured and neutered, the court heard.

Miller is now able to apply for a full exemption order from Defra for Rocco.

Commenting after the case, Detective Inspector Ben Brennan from Kent Police’s Tactical Operation Command said the force had "a duty of care to every animal that is seized", adding that "their welfare is of the utmost importance to the force".

He said all seized dogs are seen by a vet within 48 hours of arriving, given a full health check, regularly checked by a vet throughout their stay and given treatment if they become unwell.

He continued: "When a dog is returned to its owners, following a thorough healthcare assessment, a vet will undertake a further health check and a return receipt is signed off by the owners to confirm they are happy their dog is in a fit and healthy condition."