Pepper Spray Laws in the UK: What You Need to Know
Pepper spray, often known as a self-defence spray, is a small device that sprays a powerful substance that is often carried to protect yourself from potential threats. In the UK, unlike the US and many European countries, owning and using pepper spray is illegal and subject to strict laws to ensure safety and prevent misuse. Visitors to the UK are often unaware that pepper sprays are considered a prohibited firearm in law, and it is not uncommon for unwary travellers to be arrested for bringing a prohibited weapon into the country or possessing a spray.
BSQ have represented several individuals – typically young female students - who have travelled to the UK from the United States, India and other countries and have been asked by the police to attend interviews under caution after being found with pepper sprays in their possession – see our Case Study below.
Legal Restrictions
Pepper spray is classified as a prohibited weapon in the UK under the Firearms Act 1968. This means it is illegal to possess, buy, or carry pepper spray in public places without a valid reason contrary to Section 5(1)(b) of the Firearms Act 1968. Pepper sprays are classified under the Act as a weapon capable of the discharge of a noxious liquid, gas or other and are regarded as a prohibited firearm.
If an individual is arrested and accused of possessing pepper spray the police will have to submit the device for forensic examination. If the device is found to contain “noxious” substances including ingredients such as oleoresin capsicum (known as OC, commonly used in pepper sprays), desmethyl dihydrocapsaicin (known as PAVA) and 2-chlorobenzalmalononitrile (known as CS) the device will be considered illegal.
Valid Reasons for Possession
To legally possess pepper spray, you must have a lawful purpose, such a professional use. Some individuals, like law enforcement officers can carry pepper spray as part of their job.
Self-Defence and the Sarah Everard Case
While pepper spray can be effective for self-defence, this is not considered a valid reason for possession under UK law. The tragic case of Sarah Everard, a young woman who was abducted and murdered in 2021, has highlighted the importance of personal safety particularly for women who may feel vulnerable in certain situations. The case has led to calls for changes in the law, but these have not yet led to decriminalisation of pepper sprays.
Consequences of Illegal Possession
It is important to respect and understand and respect the law regarding pepper spray in the UK. If you are caught with pepper spray without a valid reason, you could face serious legal consequences, including fines and imprisonment.
Case Study
BSQ client C was a university student from the United States spending a year of her course studying at a college in England. She was unaware that possession of a pepper spray was a criminal offence in this country. C was arrested trying to enter a bar. Security staff found a pepper spray in her handbag. Police officers were called. C was arrested and interviewed.
C was initially represented by the Duty solicitor. C’s parents intervened and instructed BSQ to take over conduct of her case. BSQ commenced negotiations with the police and were able to persuade the authorities to discontinue the investigation against C. C retained her good character.
If you are asked to attend a police interview under caution and are accused of being in possession of an illegal pepper spray, please contact our London offices.ac
