Public Order Unit

2 Marsham Street, London SW1P 4DF

Telephone 020 7035 1807 Fax: 020 7035 4745 Textphone: 020 7035 4742

E-mail: [email address] Website: www.homeoffice.gov.uk

Reference: T2799/9 12 March 2009

Dear Mr Blackman,

Thank you for your e-mail of 12 February regarding the authority granted by the defence council to the Metropolitan Police by the Secretary of State under S.5 Firearms Act 1968 enabling its Constables to possess CS incapacitant spray. Your e-mail was handled in accordance with the terms of the Freedom of Information Act 2000.

The Home Office do not issue section 5 authorities to the police to possess prohibited weapons (this includes CS sprays).  Under the terms of section 54 of the Firearms Act 1968, persons in the service of the Crown acting in their capacity as such are exempt from the provisions of section 5 of the Act.

If you are dissatisfied with this response you may request an independent internal review of our handling of your request by submitting your complaint within two months to the address below quoting reference 11160 to:

Information Rights Team

Information and Record Management Service

Home Office
4^th Floor, Seacole Building
2 Marsham Street
London
SW1P 4DF

Should you remain dissatisfied after this internal review, you will have a further right of complaint to the Information Commissioner.

Yours sincerely

Jonathan Batt

Public Order Section