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Date: Mon Mar 18 15:00:00 GMT 2002

 

Firearms Law Guidance to the Police 2002

 

Just over ten years have passed since the last edition of 'Firearms Law: Guidance to the Police'. Those years have seen major changes to the legislation governing the possession and transfer of firearms. There have been no less than four Acts of Parliament, four Orders, one set of Regulations and one set of Rules in this intervening period.

The aim of this revision is to provide consolidated guidance to the police on firearms legislation, taking into account all the recent legislative and policy changes. It must be stressed that this is not a definitive statement of the law but a cohesive explanation of the often complex area of firearms licensing.

HO-Firearms-Guida.pdf

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Date: Mon Jun 13 10:38:00 BST 2005

 

 

Firearms Security Handbook 2005

 

 

This firearms security handbook, published in 2005, provides guidance on storing firearms, firearms dealers, pistol clubs, museums licences and private collections, and transporting firearms.

firearms-handboo.pdf

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Broad subject: Justice

Issue date: Wed Feb 04 00:00:00 GMT 2004

From: CRIMINAL JUSTICE GROUP Criminal Procedure and Evidence Unit

Sub category: Criminal Justice system

Implementation date: Tue Jan 20 00:00:00 GMT 2004

For more info contact: Dave Cheesman

Addressed to:

Association of Chief Police Officers in Scotland All Chief Officers of Police in England and Wales Chief Crown Prosecutors Resident Judges Crown Court Managers The Law Society The Bar Council Youth Offending Team Managers Justies Chief Executives Chief Constable (Scotland) The Magistrates' Courts Service The Director of Criminal Operations (Court Service) Chief Officer of Police (Northern Ireland) Directors of Social Services Prison Governors Prison Service Directors HM Chief Inspector of Constabulary Chief Probation Officers Clerks to the Justices Clerks to the Police Authorities The Head of Criminal Justice Delivery Unit (DCA) HM Chief Inspector of Probation Chairman of Police Authorities Chief Probation Officers Lord Chief Justice of England and Wales Lords Justice of Appeal Queens' Bench Division Judges The Central Council of Magistrates' Courts The Chief Crown Prosecutor The Justices' Chief Executive of the Magistrates' Court Committee Scotish Courts HMIC Probation YOT Managers

 

Introduction

 

 

The Criminal Justice Act 2003 brings forward a wide range of reforms across the criminal justice system. Its provisions will be commenced by a series of commencement orders over the next couple of years.

 

2. This circular summarises the provisions of the Act which have already commenced or which are contained in the No1 and No 2 commencement orders. Copies of the orders are attached to this circular for information.

 

Action

 

3. Recipients of this circular are asked to make it available to their operational colleagues immediately upon receipt.

 

provisions commenced on royal assent

ORDER MAKING POWERS

 

4. The Act received Royal Assent on 20 November 2003. On that date the powers in Part 14 (except sections 331 and 332 - minor and consequential amendments and repeals) of the Act came into effect as well as measures allowing the making of rules and orders to allow commencement of other provisions at a later date.

 

 

 

 

PROVISIONS COMMENCING ON 22 JANUARY 2004

FIREARMS OFFENCES

 

12. Sections 287-291 of the Act introduce a mandatory minimum sentence for unlawful possession of certain prohibited firearms. Section 292 introduces similar arrangements for firearm offences in Northern Ireland. Section 293 increases the maximum penalty for smuggling certain prohibited weapons. These provisions are being brought into effect on 22 January 2004.

 

Section 287: Minimum sentence for certain firearms offences

 

13. This section inserts a new section 51A into the Firearms Act 1968 to provide a new minimum custodial sentence for unauthorised possession of certain types of prohibited firearm.

 

14. Subsection (1) of the new section 51A applies the new minimum sentence to offences under section 5(1)(a), (ab), (aba), (ac), (ad), (ae), (af), © and section 5(1A)(a) which were committed after the commencement of these provisions on 22 January 2004. The minimum sentence applies only to persons aged 16 or over when the offence was committed.

 

15. Subsection (5) specifies the length of the minimum sentence, which is dependent on the age of the offender when the offence was committed. The minimum sentence is five years imprisonment for adult offenders (those aged 18 or over in England and Wales, and 21 or over in Scotland) and three years detention for juveniles (those aged under 18 in England and Wales, and under 21 in Scotland). The existing maximum sentence of 10 years imprisonment is not affected.

 

16. Under subsection (2) courts are required to impose the minimum sentence unless there are exceptional circumstances relating to the offence or to the offender which justify not doing so. The purpose of the minimum sentence is to tackle gun crime and gun culture. It is not aimed at purely technical offences. Exceptional circumstances might therefore include where the holder of a firearms certificate inadvertently forgets to renew his authority or where a war trophy is discovered among a deceased person's effects.

 

Section 288: Certain firearms offences to be triable only on indictment

 

17. This Section amends Part 1 of Schedule 6 to the Firearms Act 1968 and makes all offences to which the minimum sentence applies triable on indictment only (they were previously triable either way).

 

Section 289: Power to sentence young offender to detention in respect of certain firearms offences: England and Wales

 

18. This section makes the necessary amendments to section 91 of the Powers of Criminal Courts (Sentencing) Act 2000 to enable juvenile offenders in England and Wales to be sentenced to the term of detention required by the new section 51A of the 1968 Act.

 

Section 290: Power to sentence young offender to detention in respect of certain firearms offences: Scotland

 

19. This section amends the Criminal Procedure (Scotland) Act 1995 to ensure that the court in Scotland retains the power to order the detention of a juvenile offender and to dispose of the case.

 

Section 291: Power by order to exclude application of minimum sentence to those under 18

 

20. This section enables the Secretary of State to make an order disapplying the minimum sentence in the case of offenders aged under 18, if in the future this is no longer necessary in order to tackle gun crime. There is also power to make consequential amendments of other legislation. An order under this power is subject to affirmative resolution procedure. Should such an order be made it will be announced by means of a Home Office circular.

 

Section 292: Sentencing for firearms offences in Northern Ireland

 

21. This section applies to firearms law in Northern Ireland.

 

Section 293: Increase in penalty for offences relating to importation or exportation of certain firearms

 

22. This section amends the Customs and Excise Management Act 1979 to increase from 7 years' imprisonment to 10 years' imprisonment the maximum penalty for smuggling prohibited weapons covered by the minimum sentence provisions. The offences concerned are: improper importation of goods (section 50), exportation of prohibited or restricted goods (section 68) and fraudulent evasion of duty etc (section 170).

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