A judge today spared the life of dog on death row following a legal battle lasting nearly a year.

Bud, believed to be a banned pit bull terrier, was given a stay of execution following the determined campaign by his owner’s family.

The three-year-old hound was taken from Langley owner Anthony Pemberthy when he was arrested on suspicion of conspiracy to burgle last May. The 36-year-old is currently in custody.

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Kent Police applied for a destruction order, but acknowledged Bud was a well-kept, pleasant family dog and not a danger to the public. However, they deemed Pemberthy an inappropriate owner.

Pemberthy’s partner Samantha Holden, who helped raise Bud from six weeks old, requested the dog be returned to the couple’s Green Lane home.

But PC Nigel Cook argued he would be unhappy to place the animal in a home with three young children under five.

Maidstone magistrates granted the destruction order in October, but the family appealed.

PC Cook, who has since retired, was not present at the determinate hearing at Maidstone Crown Court this morning.

Genevieve Reed, who represented the family, argued Miss Holden is a responsible owner who had taken precautions already in place at the family home, including a gate and kennel.

The court heard Bud was raised around young children and had never shown signs of aggression.

Watch: Bud to return home after a year on 'death row'

Kent Police said Miss Holden would be unable to monitor Bud and the children at all times, but the judge said the court could not make its decision based wholly on the fact children lived in the home.

He added: “If parliament said a dog which constituted a danger to public safety could under no circumstances be allowed in the house with children under 10, that would be the decision.

"But parliament has not said that, the children can’t be the determination.

“Any mother who had an incident where a child was even remotely exposed to danger with a dog would not bother coming to court for destruction, she would deal with it herself.”

The judge upheld the appeal but suggested Miss Holden seek advice on re-integrating Bud back into the family home and ensured he is muzzled in public.

Speaking after the hearing the family said: “We are over the moon. We have fought for nearly a year to get Bud back. It just shows how dedicated we are and how much he is loved, if he wasn’t cared for we wouldn’t have taken this so far.

"He is a lovely dog, which we kept saying all along and he’s finally being allowed to come home. The kids will be so excited to see him, they have been drawing little pictures of him all the time he has been away.

“We really want to thank everyone at Wheldon Law especially Genevieve Reed, the public, the KM for its help and the DDA Watch, we couldn’t have done it without them.”