Sabre defense ID spray.
Author
Discussion

ChocolateFrog

Original Poster:

34,954 posts

202 months

Thursday 11th March 2021
quotequote all
It's a UV dye spray deterrent. Legal or not in the UK?

The packaging and marketing says it's legal, my sister (a copper) and her colleagues say it's definitely illegal.

I'm inclined to believe it's legal. This is their take on it.


CharlesElliott

2,264 posts

311 months

Thursday 11th March 2021
quotequote all
I can't see anything that would define it as an 'offensive weapon', so I struggle to see how it would be illegal as is. Maybe it could be used in a way that is illegal....

sociopath

3,433 posts

95 months

Thursday 11th March 2021
quotequote all
Dont ever ask a copper for an opinion, they just go with the consensus from their equally wrong colleagues.

As far as I'm aware and IANAL or a copper, if it isn't an irritant it isn't illegal.

ChocolateFrog

Original Poster:

34,954 posts

202 months

Thursday 11th March 2021
quotequote all
CharlesElliott said:
I can't see anything that would define it as an 'offensive weapon', so I struggle to see how it would be illegal as is. Maybe it could be used in a way that is illegal....
But in that case it would be akin to stabbing someone with your car keys, which is usually legal for self defense.

It sounds like you could make them drink it and they'd be ok.

But you can't tell a cop they're wrong, especially one you're related to laugh

Psycho Warren

3,087 posts

142 months

Thursday 11th March 2021
quotequote all
These kind of things have been around for ages and are legal when used for their intended purpose.

In theory if you just sprayed someone for no reason you could be committing criminal damage to their clothing at a push?

anonymous-user

83 months

Thursday 11th March 2021
quotequote all
Did they say why it was allegedly illegal?

ChocolateFrog

Original Poster:

34,954 posts

202 months

Thursday 11th March 2021
quotequote all
flashbang said:
Did they say why it was allegedly illegal?
"Not allowed to carry anything for the purpose of self defense"

Were the exact words used.

ChocolateFrog

Original Poster:

34,954 posts

202 months

Thursday 11th March 2021
quotequote all
Psycho Warren said:
These kind of things have been around for ages and are legal when used for their intended purpose.

In theory if you just sprayed someone for no reason you could be committing criminal damage to their clothing at a push?
That makes logical sense.

dudleybloke

20,553 posts

215 months

Thursday 11th March 2021
quotequote all
No difference from the "smartwater" that police will check burglars for.

HantsRat

2,409 posts

137 months

Thursday 11th March 2021
quotequote all
The product in itself is completely legal. to buy and own. It's the use of said product that could break other laws.

E.G. If you use it to cause harm to an individual by spraying in the yes for example then it could possibly be classed as an offensive weapon if that was you intention

If however you're using it purely to identifying an offender then completely legal. Yes it would cause criminal damage but you have a defence for this... Not that a criminal damage charge would ever come from legitimate use mind.

monthou

5,347 posts

79 months

Thursday 11th March 2021
quotequote all
'Askthepolice' have a take on these sprays that seems reasonable if not definitive...
https://www.askthe.police.uk/content/Q589.htm

R56Cooper

2,533 posts

252 months

Thursday 11th March 2021
quotequote all
sociopath said:
Dont ever ask a copper for an opinion, they just go with the consensus from their equally wrong colleagues.

As far as I'm aware and IANAL or a copper, if it isn't an irritant it isn't illegal.
I would agree, especially on anything concerning civil disputes.

Hoofy

80,047 posts

311 months

Thursday 11th March 2021
quotequote all
Is there an issue of perceived threat even if it squirted water and/or did no damage? (Please don't answer with "why would there be?" - if you're a lawyer, please explain why I'm wrong.)

Bigends

6,155 posts

157 months

Thursday 11th March 2021
quotequote all
Theres a big difference between defending yourself in the event of an attack, with something that just happens to come to hand e.g. car keys, umbrella etc, and actually going out equipped with something to defend yourself with.

Itll all depend on individual circumstances as to whether or not the Police consider you commit an offence by carrying or using the spray.

ChocolateFrog

Original Poster:

34,954 posts

202 months

Thursday 11th March 2021
quotequote all
Bigends said:
Theres a big difference between defending yourself in the event of an attack, with something that just happens to come to hand e.g. car keys, umbrella etc, and actually going out equipped with something to defend yourself with.

Itll all depend on individual circumstances as to whether or not the Police consider you commit an offence by carrying or using the spray.
What would the offense be if the item can't cause any harm?

ChocolateFrog

Original Poster:

34,954 posts

202 months

Thursday 11th March 2021
quotequote all
The original query came up because of the increased number of dog thefts in the area and some people (woman mainly) are carrying these in a probably futile attempt to save their dogs.

Bigends

6,155 posts

157 months

Thursday 11th March 2021
quotequote all
ChocolateFrog said:
Bigends said:
Theres a big difference between defending yourself in the event of an attack, with something that just happens to come to hand e.g. car keys, umbrella etc, and actually going out equipped with something to defend yourself with.

Itll all depend on individual circumstances as to whether or not the Police consider you commit an offence by carrying or using the spray.
What would the offense be if the item can't cause any harm?
Theres always the potential for a minor assault being considered. You can assault a person with a water pistol or by spitting on them. In any case the spray would be seized and sent for analysis to confirm it doesnt contain any noxious or illegal substance. If stop searched for some reason and found with such a spray on you which you admit is for use in self defence, you can pretty much bank on a ride into custody. Whether they woud accept an explanation that the spray was purely for marking purposes to aid later identification is another matter

J1990

847 posts

82 months

Thursday 11th March 2021
quotequote all
sociopath said:
Dont ever ask a copper for an opinion, they just go with the consensus from their equally wrong colleagues.
^This. Whilst I appreciate our police, for the most part, do their best to enforce the law and be doing what's 'right', unfortunately the complexities of law and the limited minimum training police undergo before hitting the streets means their responses are often as accurate as that of average Joe.

Just remember that often what makes something unlawful is the way in which something is utilised, rather than owning of something e.g. It's perfectly legal to own and use bleach for household purposes, as soon as you go throwing it on someone it suddenly becomes assault with an offensive weapon (Bleach qualifies under being an 'Acide of corrosive substance').

Bigends

6,155 posts

157 months

Thursday 11th March 2021
quotequote all
J1990 said:
sociopath said:
Dont ever ask a copper for an opinion, they just go with the consensus from their equally wrong colleagues.
^This. Whilst I appreciate our police, for the most part, do their best to enforce the law and be doing what's 'right', unfortunately the complexities of law and the limited minimum training police undergo before hitting the streets means their responses are often as accurate as that of average Joe.

Just remember that often what makes something unlawful is the way in which something is utilised, rather than owning of something e.g. It's perfectly legal to own and use bleach for household purposes, as soon as you go throwing it on someone it suddenly becomes assault with an offensive weapon (Bleach qualifies under being an 'Acide of corrosive substance').
Exactly this - an item can be either made, intended or adapted for use as a weapon

Psycho Warren

3,087 posts

142 months

Thursday 11th March 2021
quotequote all
Its not a self defence item but a criminal marker spray. If you tried to spray it in their eyes that would be a different matter.

But even then, if you are under attack you can legitimately spray someone with hair spray or deoderant that you just happened to have on you as long as it was reasonable and proportionate for the situation. Some chavvy lad giving you verbal, probably unreasonable to spray it in his eyes, some muggy little trying to rob you, much more likely to be considered reasonable.