POLICE today defended using CS gas on a man trying to stab himself -- after he threatened to launch a legal action against them.

The family of Joseph Loftus of St Clement Street, Blackburn, called an ambulance after becoming concerned for his safety on August 2.

Although Mr Loftus was was not arrested police were called by the Lancashire Ambulance Service because of the nature of the incident.

He is still recovering from the incident at Royal Preston Hospital, where his condition is described as stable. His nephew, Steven Loftus, of Gloucester Road, Blackburn, said: "As soon as he is well enough Joseph will definitely be contacting his solicitors about this. He has burns to his face, chest and eyes. Because his eyes are burnt, they have had to give him eyedrops and a course of antibiotics."

Mr Loftus was sprayed with the gas, which causes temporary blindness and a burning sensation to its victims, after the officers attending became concerned for their safety and that of the paramedics, they said.

A spokesman for Lancashire Police said: "We were called to the address by the Lancashire Ambulance Service. They said that a man was trying to stab himself with a knife. Three officers attended. Officers used CS gas to remove the knife from him, and allow paramedics to treat him. Officers are trained to assess a situation and use CS gas only as a last resort. "In this instance it was used as a last resort to prevent further harm to the man and to the paramedics."

CS sprays have been used frequently since 1996 when they were routinely issued to police forces in England and Wales to protect officers. During the previous three decades, CS had been used only in exceptionally rare cases on the British mainland.

Discontent about the sprays is underlined by the ballooning rise in complaints from members of the public.

In Lancashire last year police used the spray 11 times, a 37.5 per cent increase on the previous year's total of eight.

A spokesman for the Police Complaints Authority said: "Because of the nature of the injury it is normally investigated by the force in question. However, we would get involved if the Crown Prosecution Service decided to prosecute. We would ask whether the officers involved had followed procedures correctly."

Joanne Kersley of Farleys solicitors, Accrington said: "We are aware of the incident and are awaiting instruction from Mr Loftus."