The owner of a “dangerous” dog called Lucky has been told it will not be destroyed – provided he has it castrated.

Magistrates sitting at Carlisle’s Rickergate courts complex spared the Jack Russell cross owned by 30-year-old Mark Proudfoot after hearing that even the man it bit did not want it destroyed, while a vet had assessed it as being “unaggressive”.

Mr Proudfoot went to court to save his four-year-old pet after his mother Jean Kenney, 60, was prosecuted for being in charge of the dog when it bit a passer-by.

After she was convicted, magistrates imposed a destruction order but Lucky’s owner went back to court in an attempt to convince them that his dog should not be destroyed because it does not pose a danger to the public.

John Smith, representing Mr Proudfoot, from Stonegarth, Morton, told magistrates that what happened had been an isolated incident.

He pointed out that the attack happened a long time ago and that Lucky had not been seized by the police. “Lucky was left with the family and has been in circulation since this incident,” said the lawyer.

“There have been no problems since then.”

Mr Smith said Mr Proudfoot had spent £29 on a vet’s report which described Lucky as being healthy, friendly, and showing no aggression.

The vet’s final paragraph suggested that castration may improve the dog’s health and as a general rule help make aggression less likely. Mr Smith added: “There doesn’t seem to a history of problems at any other time.”

Magistrates drew back from ordering Lucky’s destruction.

Instead, they imposed a “contingent” destruction order. That means that the dog will not be destroyed provided certain conditions are met.

These include ensuring that Lucky wears a muzzle whenever he is in public. He must also be castrated by a qualified vet, at Mr Proudfoot’s expense, in the next month.