What items are legal under UK law to protect yourself?
Can you carry pepper spray? A baseball bat?
If there are no police about how is one supposed to protect themselves from harm?
What items are legal under UK law to protect yourself?
Can you carry pepper spray? A baseball bat?
If there are no police about how is one supposed to protect themselves from harm?
Section 1 of the Prevention of Crime Act 1953 prohibits the possession in any public place of any article made or adapted for use to cause injury to the person, or intended by the person having it with him for such use. It is a defence to have lawful authority or reasonable excuse for possession. Generally speaking, carrying for the purpose of self defence is not a reasonable excuse (there was a case where the circumstances persuaded the court that the defendant feared an imminent attack).
Section 5 of the Firearms Act 1968 makes it an offence to possess any weapon of whatever description designed or adapted for the discharge of any noxious liquid, gas or other thing. That includes pepper spray.
A dye spray is not a firearm because it is not designed to discharge a noxious liquid and generally speaking it is not an offensive weapon because it is not designed to do harm, although it may become an offensive weapon if you possess or use it intending harm.
You may use any article to hand in self defence or defence of others so long as you only use reasonable force and you didn't plan for violence or deliberately go armed with the article.
If you went to the sports shop and purchased a cricket bat or you're going to or coming from playing cricket then you have a reasonable excuse to be carrying a cricket bat. Likewise if you need tools (knives, wrenches, screwdrivers, hammers) in the course of your work (chef, tradesman) or hobby (fishing, DIY) or religious or national costume (kirpan, sgian-dubh) then you have a reasonable excuse to be carrying those. It is not necessarily an offence to use such articles in self defence.
While laws in the UK make it clear that self-defence is legal, there is a clear dichotomy between the theory and the practice. That is, while you have the right to defnd yourself and/or your home, if you use anything that might be classed as an "offensive weapon", then you could be prosecuted for that.
Stories circulate that point up this dichotomy, but the veracity of such stories is difficult to assess. That said, using a "... product which is made or adapted to cause a person injury." could upend a legal argument for self-defence.
Some feel that this is but another example of dithering and gutlessness in the Parliament and the courts as it gives no comfort to those who feel they must be prepared in order to carry out their self-defence. Others will say this is absolutely not to imply that all weapons must be "legalized", but only to say that in weighing up the factors in a self-defence claim, the courts should have the latitude to dismiss the "means" to the end of self-defence if the evidence and common sense warrant.
Unfortunately, at least so far, UK lawmakers seem reluctant to take up a discussion on the clear conflicts present in the current laws.