Criminal Identifier Spray: Illegal?
Is the use of Criminal Identifier Spray by citizens a lawful way of responding to crime, or could it land you in His Majesty's pleasure??
Criminal Identifier Spray, a liquid discharged from a canister to mark an offender, is typically composed of a red dye, often a food-grade dye. In some instances, it might contain an invisible dye that only becomes visible under ultraviolet light. Its primary purpose is to assist in the identification and eventual apprehension of an offender. But does this mechanism for law-abiding citizens to respond to crime fall within the boundaries of the law, or could carrying it potentially lead to criminal consequences??
Is Criminal Identifier Spray a Weapon??
A fundamental question arises: is Criminal Identifier Spray considered a weapon under the law??
Section 1(4) of the Prevention of Crime Act 1953 defines an offensive weapon as
"any article made or adapted for use for causing injury to the person or intended by the person having it with him for such use."
The key phrase here is "causing injury." Criminal Identifier Spray is neither designed nor adapted for this purpose. Its function is not to inflict harm but to mark an offender for identification. Therefore, it does not fit the legal definition of an offensive weapon, as its intent is purely to deter criminal behaviour and assist in bringing offenders to justice.?
Comparisons with PAVA and Pepper Spray – A Firearm??
However, there are certain sprays, such as PAVA spray and Pepper Spray, which are illegal to possess. Under Section 5(1)(b) of the Firearms Act 1968, such sprays are classified as firearms due to their capacity to discharge noxious substances. Section 5(1)(b) prohibits
"any weapon of whatever description designed or adapted for the discharge of any noxious liquid, gas, or other thing."?
Criminal Identifier Spray, by contrast, does not discharge any noxious liquid, gas, or other substance. It releases a harmless dye, which is neither intended nor capable of causing physical harm. As such, it falls outside the scope of this prohibition and cannot legally be classified as a firearm.?
Could the Use of Criminal Identifier Spray Constitute Assault??
Another legal issue worth considering is whether the use of Criminal Identifier Spray could be classified as assault. While it is true that spraying someone with any substance could, in theory, constitute assault, there are defences available in law.?
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Section 3 of the Criminal Law Act 1967 states that
"a person may use such force as is reasonable in the circumstances in the prevention of crime or in effecting or assisting in the lawful arrest of offenders or suspected offenders."
Common law further permits the use of force that is necessary, reasonable, and proportionate to defend oneself or others from imminent attack. The case of Beckford v. The Queen [1988] AC 130 confirms that
"a defendant is entitled to use reasonable force to protect himself, others for whom he is responsible, and his property."?
In addition, Section 76 of the Criminal Justice and Immigration Act 2008 reaffirms the principle of self-defence. In R v. Owino [1996] 2 Cr. App. R. 128, it was clarified that a person may use force that is objectively reasonable in the circumstances, as he subjectively believes them to be.?
A particularly interesting point is the possibility of pre-emptive action. As Lord Griffith observed in R v. Beckford [1988] 1 AC 130,
"a man about to be attacked does not have to wait for his assailant to strike the first blow or fire the first shot."
Thus, using Criminal Identifier Spray before an attacker strikes could be seen as lawful, provided it is in anticipation of an imminent threat.?
Could Criminal Identifier Spray Constitute Criminal Damage??
There is a potential argument that using Criminal Identifier Spray could amount to criminal damage, especially if the spray permanently marks property or clothing. However, Section 5(2) of the Criminal Damage Act 1971 provides a defence of lawful excuse. Specifically, Section 5(2)(b) permits damage if the person acted to protect property belonging to themselves or another, or a right or interest in that property, and if they believed the property was in immediate need of protection.?
The Act further clarifies that it is immaterial whether the belief was justified, provided it was honestly held. Therefore, a citizen using Criminal Identifier Spray in the belief that they were protecting their property or assisting in the apprehension of a criminal could, in theory, invoke this defence.?
Conclusion: Is Criminal Identifier Spray Legal??
In summary, Criminal Identifier Spray occupies a grey area in law. It is not classified as an offensive weapon, nor does it fall within the prohibitions of the Firearms Act 1968. Although its use could potentially be argued as assault or criminal damage, there are strong legal defences available under the Criminal Law Act 1967, the Criminal Justice and Immigration Act 2008, and the Criminal Damage Act 1971.?
Ultimately, the law as it currently stands does not explicitly prohibit the use of Criminal Identifier Spray. However, as with any legal matter, much will depend on the specific circumstances of its use, and citizens should exercise caution to ensure that their actions are always reasonable, necessary, and proportionate.?
Legal Disclaimer: This article provides general information and does not constitute formal legal advice. The author is not liable for how this information is used. Always seek professional legal advice for specific situations.?
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