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Pepper Spray Offences

 

The laws regarding the possession and use of pepper spray are very strict. If you are being accused of committing a pepper spray offence, it is important to instruct specialist legal representation immediately.

 

At JD Spicer Zeb, our expert criminal defence solicitors have many years of experience in supporting individuals accused of a wide range of offences, including those related to the use of pepper spray.

With over 45 years of experience, we have covered the majority of criminal cases and can provide expert advice on pepper spray UK laws that are tailored to your situation.

Our primary focus will always be to clear you of any charges, building the strongest possible defence in the process, but where this is not possible, we have a successful track record of mitigating penalties for our clients. For example, this could include securing a police caution or community resolution order.

Our highly experienced criminal defence solicitors provide:

  • 24/7 legal support in person and over the phone, 365 days a year
  • Representation anywhere in England and Wales
  • Accredited Police Station Representatives to support you during a police interview
  • Clear, effective legal advice in any language (see our languages spoken)

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There is limited recourse for you if you are falsely accused. Click a selection of the cases we have covered. The best thing you can do is to instruct an excellent solicitor from the outset.

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Contact our pepper spray defence solicitors today

For a free initial consultation on your legal position and the available options when defending a pepper spray charge, contact our local offices in London, Birmingham or Manchester.

For urgent advice at any time of day or night regarding a pepper spray case, please call our Emergency Number 07836 577 556.

Why choose JD Spicer Zeb’s pepper spray defence solicitors?

For more than 45 years, our criminal defence solicitors have been providing expert legal advice on a wide range of offences, including those involving pepper spray.

We have a deep understanding of how these cases are prosecuted, the evidence the prosecution will use, and the steps needed to build a robust defence. Accusations of a pepper spray offence can lead to serious consequences, including prison sentences in the most severe cases, making it crucial to receive legal guidance tailored to your specific situation.

Our team includes experienced police station representatives available 24/7 to offer support if you are arrested on suspicion of a pepper spray offence. We are skilled at handling the evidence commonly used by the prosecution, identifying any weaknesses, and ensuring the most effective defence strategy is in place.

Over the years, we’ve built strong relationships with many of the UK’s top criminal defence barristers, ensuring you receive the highest quality legal representation should your case go to trial.

Our expertise in criminal law is recognised by our Law Society accreditation for Criminal Litigation, and we also hold the Lexcel accreditation for maintaining exceptional standards of legal practice.

How can we help?

Common questions

We always work with the most experienced and best leading UK barristers, KCs (Kings Counsel). We cover all criminal cases 24/7 at the police station and court. Offices in London, Birmingham, and Manchester cover cases across England and Wales. We can offer Legal Aid and affordable Private fee agreements. We can see you the same day, including virtually. Our Senior Partners supervise all of our cases.

How quickly do you respond?

We respond quickly even during out of hours. We do not get our work by paying for online adverts but based on the fact that few criminal law firms can match our 45 years of experience. Most of our cases are still from word-of-mouth recommendations from satisfied clients. We are called daily by dissatisfied clients from firms with less experience than us. We respond very quickly to new enquiries. We know what clients seek and so we update clients rapidly.

Can you get cases dropped?

Yes, read about the recent cases we've helped our clients with here.

We always keep you updated and give straightforward advice. We will get cases dropped early where the case is weak or should not be prosecuted. We will be upfront with you about where you can benefit from a good result with an early guilty plea, such as a discount on your sentence. As we work on cases across all levels with clients from all walks of life, we are excellent at giving clear, spot-on advice. As an established firm, we can allocate a whole team to your case often at short notice to secure evidence to minimise the damage to you. 

Have you won any awards?

OUR PROFESSIONAL BODY THE LAW SOCIETY AWARDED US IN OCTOBER 2020 WITH THE EXCELLENCE IN CLIENT SERVICE AWARD AND STATED - 

"JD Spicer Zeb demonstrated a clear commitment to client service through their work with vulnerable and diverse individuals in what can be severely traumatic circumstances".

Do you offer free consultations?

Where it is possible, we aim to provide an initial consultation to you. If we can speak to you, we can if required inform you about  –

  • Whether we can take the case on and our relevant experience.
  • Public and private funding benefits.
  • Assistance in applying for legal aid where we are likely to accept instructions.
  • An outline of options in police interview only. We will not advise you on which option to adopt.
  • Providing our free written guide explaining the police station process.
  • The gravity of routine and day-to-day offences you face.
  • Consequences of not attending the court or police station.
  • Consequences of interfering with any witnesses.
  • Retaining any evidence in support of your case.
  • If possible an outline of the elements of the offence that the police or CPS must prove.
  • This consultation will normally be by telephone or email and will only be for as long as we deem necessary to establish if we can act for you. If we cannot usefully give you any advice in this manner then we will not continue with the consultation. We will not discuss the case in depth for you to be able to decide on your plea or any significant aspect of the case, as this cannot be undertaken informally.
  • Referring you, if possible, to other firms for matters out of our specialism or if we cannot help.

Consultations do not apply to the following cases –

  • If we do not intend to take the case on.
  • Road Traffic cases, drink driving, drug driving, driving bans, speeding, no insurance, mobile phone use, points etc.
  • In all cases where we do not have the capacity to take your case or the availability of suitably qualified staff to provide an initial free consultation. This is applicable in all cases but especially where a more senior lawyer is required because of your personal needs or the complexity of the case.
  • Harassment/stalking/ coercive behaviour/malicious communications or road traffic cases and most sensitive cases. These cases are often too complicated to assess in short consultations.
  • The locations concerned may be too distant to represent you adequately or it may not be cost-effective for you or us.
  • The case is too complicated to assess or raises various charges or facts, complexity, or history to be considered informally or in a short consultation.
  • In most Legal aid transfers where legal aid is granted to another firm except in very grave cases, we may assess the case and merits for a transfer.
  • If your relationship has broken down with your existing solicitor or several solicitors.
  • If you have been released under investigation and have already had a police station attendance. 
  • If you hold legal aid with another firm and seek a second opinion.
  • If you are calling on behalf of the client as a friend or family member unless you have full authority and full facts.
  • To businesses.
  • Advising whether you were given good advice by your other solicitor.
  • Whether to decide to plead guilty or not guilty.
  • Whether you have an arguable defence in law or factually complicated defences.
  • Any advice you have had after your first court appearance.
  • Any advice on appeal on conviction or sentence.
  • If we feel we are unable to communicate with you.
  • If we are likely to be conflicted or breach our professional rules.

Our expertise with pepper spray offences

Representation at Police Stations

Anything you say or do during questioning at a police station can be used as evidence against you in court, which is why it’s essential to seek advice from specialist solicitors who can ensure your rights are protected and guide you through the process.

Our team of expert solicitors and police station representatives have years of experience in dealing with pepper spray offences and can provide you with swift, effective advice and representation.

Pre-charge bail and released under investigation

If you have been released on pre-charge bail, or are under investigation for a pepper spray offence, it’s important to get expert legal advice on what this means for you and how this could affect your case.

Being released from police custody, either on bail or under investigation, does not guarantee that charges will not be filed against you later, so it’s important to prepare for that possibility. While on pre-charge bail, you may be subject to conditions such as restrictions on your movements or requirements to report to the police station at certain times.

Our team of expert solicitors will assess your case, provide guidance on how best to navigate your bail conditions, and support you through the investigation process, ensuring you’re in the strongest position for the next stage of your case.

To find out more in relation to pre-charge bail and released under investigation, please refer to the links provided below:

Having charges dropped

If you’re facing charges in relation to the misuse of pepper spray, a positive outcome will be to have those charges dropped before the case progresses to court. This is often only achievable with the support of our experienced team.

We have a proven track record of having charges dropped in cases where the evidence is insufficient or where the case should not proceed. Our solicitors will review the specifics of your case and identify any weaknesses that could lead to a successful outcome.

Legal representation and defence

Facing charges for a pepper spray offence can be a stressful and uncertain time. Our solicitors will provide empathetic, practical support throughout the entire process, addressing any concerns you may have and preparing a strong, robust defence.

Whether you are facing serious charges in the Magistrates’ Court or Crown Court, our team will work tirelessly to ensure you receive the best possible representation at every stage of the proceedings.

We will carefully prepare your case, seek expert reports where necessary, and use our many years of experience to build a successful defence strategy.

Our strong relationships with top criminal defence barristers ensure that, should your case go to trial, you will receive the highest standard of legal advice and representation.

We will keep you fully informed about the status of your case and, where appropriate, advise on making an early guilty plea to secure a more lenient sentence.

Fees and funding

When dealing with fees and funding, we will always be clear and upfront about your options.

Legal Aid may be available in some cases, but this depends on the seriousness of the case and whether it will justify the grant of public funding.

To find out more about the way we handle fees (both Legal Aid and private fees), please use the links provided below:

Related offences

We also provide support and guidance on various other matters that are related to pepper spray offences, including:

Related cases

Common questions about pepper spray

Is pepper spray legal in the UK?

No, carrying pepper spray or CS gas is not legal in the UK, and is a criminal offence under Section 5(1)(b) of the Firearms Act 1968.

The definition of pepper spray s covers: “Any weapon of whatever description designed or adapted for the discharge of any noxious liquid, gas or other thing.”

Under this law, pepper spray is classified as a prohibited weapon, because it discharges a noxious substance, and possession or use without proper authorisation is illegal.

Is homemade pepper spray legal in the UK?

Homemade pepper spray is also illegal in the UK. Under the Firearms Act 1968, pepper spray is considered a prohibited weapon and this includes homemade versions, which are not exempt from the law.

Possession, production, or use of homemade pepper spray can result in criminal charges, including fines and prison time.

Can you keep pepper spray in your house in the UK?

No, you cannot legally keep pepper spray in your house in the UK.

Under the Firearms Act 1968, pepper spray is classified as a prohibited weapon and possession of it, even in your home, is illegal. There are no exceptions for personal or home defence use.

What is the sentence for pepper spray in the UK?

Possessing pepper spray or CS gas is a criminal offence that carries serious penalties. It is classified as an "either way" offence, meaning it can be heard in either a magistrate’s court or the Crown Court, depending on the specifics of the case and what offence has been carried out. For instance, possession of pepper spray will be prosecuted differently to discharging pepper spray against another person.

In the Magistrates' Court, the penalty can be up to 6 months' imprisonment or a significant fine. In the Crown Court, the penalty can be as severe as 10 years' imprisonment, along with potentially higher financial penalties.

Is pepper spray an offensive weapon? 

Yes, pepper spray or CS gas is classed as an offensive weapon in the UK. Other examples of offensive weapons identified by the Crown Prosecution Service, include:

  • A baseball bat, hammer, or any other heavy implement if it is intended to be used as a weapon.
  • Acid and other corrosive substances that are intended to be thrown at someone.
  • Knuckledusters and other specially made weapons such as sharpened door keys.
  • A knife with a blade or point (including a folding pocketknife, if the blade is longer than three inches).

Why is pepper Spray classified as a firearm?

Under the Firearms Act 1968, any weapon that is designed or adapted to discharge a noxious substance (such as pepper spray) is considered a firearm.

While pepper spray doesn't discharge a bullet or projectile like a traditional firearm, it is still considered a weapon because it uses force to release a substance that can harm someone.

Can you use pepper spray for self-defence?

While pepper spray, and similar substances, are commonly used in other countries, its status as a firearm means you cannot use it as a form of self-defence in the UK.

What alternatives are there for personal safety?

There are few legal alternatives for personal safety in the UK, as it is not legal to carry a weapon for self-defence. However, if you are concerned for your safety, some options include:

  • Personal Alarms: It is legal to carry a personal alarm or rape alarm in the UK, which can be used to alert others in an emergency.
  • Self-Defence Training: Learning self-defence techniques, such as martial arts or other forms of personal protection, can help you protect yourself in threatening situations.
  • Security Apps: Some smartphone apps allow you to send distress signals to friends, family, or the police, and some even record audio and video in case of an emergency.

Contact our pepper spray offence solicitors now

If you are due to attend the police station for interview, have been accused of a pepper spray offence, or require any urgent specialist advice or immediate representation, please do not hesitate to get in touch.

You can contact a member of our dedicated team of criminal defence solicitors in London, Birmingham, and Manchester by telephone on:

Or email: solicitors@jdspicer.co.uk

Alternatively, you can fill out our quick online enquiry form, and we will get back to you as soon as possible.

24/7 legal representation for pepper spray offences

Please contact us for a free initial consultation with one of our pepper spray defence lawyers for immediate advice and representation.

For urgent representation and advice, you can contact our Emergency Number: 07836 577 556 and we will provide you with the assistance you need.

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