This NEEDS to Change!

So, I recently made a fairly bold

statement on eggs and I said that I

fully agree with legalizing pepper spray

in the United Kingdom. I said it is a

non-lethal thing and it would

significantly shift the balance to

enable people to defend themselves. But

for the avoidance of doubt, any form of

pepper spray is currently not legal in

the UK. It is considered a firearm with

a significant prison sentence just for

possession of it. So bear that in mind.

I'm not saying that it's legal. I'm

saying that it should be legal. And this

is obviously in response to a very broad

question. Is the UK currently too soft

when it comes to defending yourself? And

regrettably, I have to say yes, it is.

Because we are not permitted under UK

law to carry anything which is intended

to cause anybody else harm, even if that

is in self-defense. So, there's been a

lot of questions about this in the last

sort of 24 36 hours because of what's

happened in the news. There's a lot of

people asking different questions what

they can and cannot carry. Um what is

the definitive legal stance on different

things and many of them do not have a

definitive legal position which is sort

of part of the problem. It's one of my

frustrations because as a lawyer very

often the answer is it depends. Now in

some situations that's clear as to why

it depends on the facts and the

circumstances. But it would be really

useful if there was an absolute

crystalclear set of rules that said you

can and you cannot do these things and

everyone knows exactly where they stand.

For example, um carrying a knife. Now,

most people would agree that unless you

have a good reason to have it with you,

you probably shouldn't have a knife with

you. And that's the extent of what the

law says. But what is a good reason?

That is a question of fact for the court

to determine. And by court, it might

include a jury because if you are taken

to court, i.e. you're prosecuted for

possession of a blade or appointed

article section 139 of the Criminal

Justice Act, then uh you might have to

explain yourself and it would have to be

a good reason explained and justified,

not just an explanation as to why you

had it with you, a an actual good reason

for having it. Now then a lot of people

would say well just carry a stick with

you or carry a can of something with you

like um the one I saw today was wasp

spray or deep heat or something like

that. Now whilst they would probably not

be considered a firearm because it's not

necessarily a noxious substance although

it depends on the can. Again it depends

on what's in the thing. Um but to be a

noxious substance or something else

that's propelled by a canister or

whatever that might consider it then a

firearm. But ordinarily, it might not be

a firearm. It might not be a weapon per

se, but you still might get into trouble

for it. So, I thought I'd do this video

to explain a little bit more about what

you can and cannot do, what the law

would consider. Ultimately, it's a

matter for you, what you choose to

carry. The risk is upon you, but let's

have a chat about it. So, let's consider

for a moment that you decided that you

want to carry something with you for the

purposes of self-defense. Now, there are

three types of weapons. There are those

that are made and designed as weapons

and so they are a weapon per se. Those

include guns and things of that nature.

Things that are designed as a weapon.

There are things that are adapted to be

a weapon which might be the example I

always use is a glass bottle which has

been broken for the deliberate purpose

of creating a jagged edge which makes it

a weapon because it makes it dangerous.

or you've got something else like a

ruler that's had the edge sharpened or a

stick that's had the end sharpened into

a point, whichever, so that it's made or

fashioned into a weapon. In prisons,

they use toothbrushes and they sharpen

the end and that that makes a pointed

weapon. Any of these things would be

considered a weapon because it's been

adapted to become a weapon. Um, and the

default position is you're not allowed

to carry a weapon with you in public.

You'll be in possession of a weapon. The

third one, which is where a lot of

people get stuck on, is something that

you carry with the intent of causing

harm. Now, that could apply to anything,

even such as a selfie stick. So, this

selfie stick here, not a sponsored

endorsement, by the way, but this selfie

stick would lock out very much like a uh

extendable batn would. Now, an

extendable batn would look and feel, I

mean, this is mostly plastic, but an

extendable batn would look and feel very

much like this. So, if you were to have

a, let's say, a metal selfie stick like

this, you might decide that you want to

take this out with you as a bit of a

self-defense thing. Now, if you had no

other reason to have this with you and

you were caught bludgering somebody with

this because you say they attacked you,

but you had attacked them with this and

the police questioned as to why you had

it with you and you said, "I had it with

me for the purposes of self-defense."

Then, oddly enough, you might then get

into trouble for having an offensive

weapon with you. because by the

definition of carrying it with you for

the intent of causing someone else harm,

that makes it a weapon. You went out

with a weapon. And so this is why I

think in one sense at least, UK law is

too soft in allowing you to defend

yourself. There would still be the

question, however, as to whether it

would be in the public interest to

prosecute you for having this thing with

you to defend yourself if it was shown

that you were quite clearly defending

yourself because someone had attacked

you. Because either way, on every

occasion, there will be a uh decision

under the code for crown prosecutors in

a two-part test. One, is there enough

evidence to prove that you've committed

an offense? For example, if you'd

admitted that you carried this thing

with you for the purposes of harming

somebody in case they attacked you, that

might be enough evidence to say that you

went out with an offensive weapon. The

second part is, is it in the public

interest to prosecute you? Now, if

everyone started going out with a selfie

stick and intended to use it in

self-defense to harm somebody with it,

then they might then decide, well, yes,

it is in the public interest because we

don't want everybody to go out with

something to start harming people, which

again, many people might feel that the

UK law is too soft. Many people might,

on the other hand, feel, well, that's

right. We don't want people to go out,

you know, start carrying weapons. So,

what are we to do? Some people might

then think, well, um, I'm going to take

a knife with me. Well, again, um

firstly, having a knife with you, you

need a good reason. And self-defense is

not at least yet defined in law as a

good reason. A good reason might be if

you've got a fixed utility knife, a good

reason might be that you've got it for

work. You're going to or from work. Um

then even then, I would suggest having

it in your bag and in the back of the

van and ideally locked rather than in

your pocket. and being forgetful and

going into the pub after work and you've

got it in your pocket, it's no longer a

good reason because, you know,

forgetfulness will harm the defense of a

good reason for having that with you.

Some people might then think, well, I'm

going to have one that is exempt. For

example, this thing, which uh this, if I

change my focus on the camera, this is a

folding pocket knife, which is

technically legal to carry because it

comes within the exemption of a folding

pocket knife. Because when I bought

this, I did a review on it. It is

precisely 3 in from the very tip of the

hilt here um the edge of the hilt here

rather to the tip of the blade and it's

immediately foldable at all times. But

even then, if you were carrying this and

the police said, "Why have you got this

with you?" And you said, "Well, it's in

case anyone attacked me. I've got

something to defend myself with." Then

again, that makes it a weapon. And that

uh overrides your exemption defense

under section 139 to say that this is an

exempt folding pocket knife. Because if

it's clear that you've got this with

you, either to defend yourself or to

intimidate somebody else, that makes it

a weapon and therefore you shouldn't

have it with you. And I can tell you

with a degree of certainty that if you

are out late at night or in any other

kind of somewhat suspicious

circumstances, not that being out late

at night is by itself suspicious, but if

you are out under any kind of suspicious

circumstances and you for whatever

reason you get stopped and searched

because the police say, "Why are you

here?" And they look to you and then

say, "Well, let's let's search you.

We've got grounds to search you." And

they find this. I can near enough

guarantee you with a degree of certainty

that you will be arrested for having a

blade or other pointed article in a

public place and you'll be questioned as

to why you've got it. That's not to say

you'll end up being charged with

anything. You might do, but you may not

do. But if you are, like I said, if

you're out late or you are out under

some kind of suspicious circumstances,

you're likely to be arrested for

carrying something like this. So just

because it's exempt doesn't mean that

it's legal to carry and certainly not if

you're carrying it for the purposes of

defending yourself. Now the same goes

really with uh aerosols

deodorant sprays or deep heat sprays or

wasp or you know bug sprays and things

like that. Again by itself it is not a

weapon per se. It's not been adapted to

be a weapon but if you carry it for the

purposes of harming somebody that makes

it a weapon. So again, if you happen to

have it with you and they allege that

you are carrying it for the purposes of

harming somebody and you can't justify

why you've got bug spray and you're on a

train, then again, they might look upon

that dimly and you might be charged with

carrying an offensive weapon if they

allege that you're carrying it for the

purposes of using it as a weapon. On the

other hand, um I'm running a giveaway at

the moment on my channel for master

black belt members or any other member

at my sole discretion. Some of you have

been members for many, many, many

months, years, in fact, some of you. So,

I'm really grateful to you. I'll put the

uh link to the form that you must fill

in below for these things. Now, these

are again, they are not definitively

expressed and defined as being quote

unquote legal. There is just no law that

prohibits it because far gel say that

these are 100% legal to own and to carry

in the UK because they don't uh dispense

any noxious substance. So they don't

come within the firearms legislation. It

is not uh designed to cause harm. So it

is not a weapon per se. And if you carry

it and you use it only for emergencies

and you're only using it to identify a

criminal that has attacked you that you

say has attacked you, uh then you then

in that situation you are not using it

for the purposes or the intention of

causing someone harm then you are only

using it to identify someone that has

attacked you which sounds very

reasonable and proportionate. It is

still not without its legal risks

because unless and until a court says

this is 100% legal or legislation says

this is 100% legal, there are still

risks with carrying it. So on the basis

that these are sold and supplied and in

my case given to you for the purposes of

identifying someone that has attacked

you and not to harm somebody, then it is

very difficult to see how you'd be

prosecuted for having this. Um, that's

not to say it's without its legal risks.

And there would also be civil risks as

well, such or even criminal damage

risks. If you intentionally damaged

someone's clothing and there was no

justification for doing so or anything

of the sort, then again, you might be

prosecuted and you might be sued for it.

But that is entirely a matter for you.

But, uh, nonetheless, uh, these are

sold. They've been sold for many years.

And I'm giving them away, as I say, with

master black belt membership to my

YouTube channel here or membership to my

website or to other members at my

discretion who have been members for

many months or indeed years on this

channel. Um, but what else can I say?

Um, as I said at the outset, I would

support, reluctantly, but I would

support the legalization of pepper spray

in this country because there is the

argument that if you arm the victims,

you arm the criminals. But at the same

time, they can already get hold of

different weapons, stun guns, tasers,

none of which are legal because

obviously they are intended to cause

some level of harm. Even if it's

non-permanent harm, they are designed to

cause harm. In fact, as I understand it,

tasers are obviously weapons per se

because they are capable and they are

designed to discharge an electrical

current at a high rate. And therefore,

they are I believe they are classified

as a prohibited firearm. Therefore, it

is an offense to possess, to purchase,

to acquire, to manufacture, sell,

transfer such a weapon without lawful

authority. lawful authorities obviously

only granted to certain bodies including

police um which should never come to a

member of the public unless um there's

uh some reason for training and these

kind of things but again you would need

to seek lawful authority for doing it

and even then they they not intended to

be carried by members of the public so

tasers no and the same at the moment as

I understand it goes for pepper spray so

pepper spray CS spray OC spray or any

other sort of para spray even those such

as para which is currently used by the

uh UK police. When I did my training as

a special many many many years ago, we

used CS spray then. Now I believe they

use pav spray which is slightly less

harsh. But all of these would be

considered weapons and prohibited under

section five of the firearms act 1968.

So they are all considered firearms for

which there is an extensive prison

sentence if you are caught in possession

of a firearm without lawful authority.

So at the moment you cannot even possess

any of those without such a license

which members of the public generally

are not going to get and certainly not

for carrying around in public. So in a

nutshell the the law is very strict. You

cannot carry anything for the purposes

of harming somebody even if it's in your

own defense. There is an extensive list

of prohibited offensive weapons which

you can find on the gov website. If I

remember I'll link it below but you can

find it just by searching for it.

There's a whole list of band items that

you cannot own even in private. Um, very

briefly, there's there's been an

argument over samurai swords over a

certain length, you know, curved swords

over a certain length. There are

exemptions, for example, antiques or

swords that are made at any time using

traditional methods. So, traditional

foring, forging, folding, or any other

kind of traditional methods would make

those swords exempt. But even then,

every situation turns on its own facts.

I happen to know of a number of cases

where individuals have been prosecuted

for even private possession of a samurai

sword because they alleged that it was

an illegal samurai sword whereas it may

well have been exempt if it was made as

they would say in the traditional

methods. So I believe at least one of

those cases that I know about was

dropped sort of at the court steps but

not before the guy was dragged through

court in a lengthy process. So, um, it

is always worth checking all of the law

in advance to know whether what you have

or what you're going to buy is legal.

And then we come on to general

self-defense. Now, I've done a lengthy

video on the law of self-defense,

including uh knives in much more detail

than I've covered in this video. Uh,

those videos, they're about 40 minutes

long. They are available on my website,

black beltbar.com, if you join there as

a member. Um or indeed if you join as a

channel member here on YouTube, you can

see those fulllength videos detailing

all of the law, not all of the law, a

lot of the law on self-defense and um

weapons and knives and so on. Much more

detail than I've gone into here. Um and

they've there's a particular emphasis

for martial artists as well as to when

it's necessary, when it what's

proportionate and so on. So do check

those out as well. I hope they'll be

useful. But I hope this video is a

useful overview and answers some

questions. Doubtless, it will raise

further questions and goes without

saying that it is not to be relied upon

as legal advice, but I hope it's useful

nonetheless. So, thank you for watching.