Criminal Use of Firearms

Question 1

Q: What are the most important firearms offences?

Answer 1

S16-18 Firearms Act contain the 5 most important offences.

Question 2

Q: OFFENCE 1

Answer 2

S16- deals with possession of a firearm with intent to endanger life.
This offence is aimed at dissuading criminals from using firearms.
‘It is an offence for a person to have in his possession any firearm or ammunition with intent by means thereof to endanger life or cause serious injury to property, or to enable another person by means thereof to endanger life or cause serious injury to property, whether any injury to person or property has been caused or not.’

Question 3

Q: What type of offence is possession of a firearm with intent to endanger life?

Answer 3

Triable on indictment.
Carries a maximum sentence of life imprisonment.

Question 4

Q: Can a s16 offence (endanger life) be committed by using an imitation firearm?

Answer 4

No! You must prove that D was in possession of an actual firearm or ammunition.

Question 5

Q: Do you have to prove that D produced the firearm or showed it to anyone?

Answer 5

No! The offence involves possession. He would be in possession of it if he had it on his person or for example in a bag he was carrying.
The physical element of possession is custody of control.

Question 6

Q: Do you need to prove an intention?

Answer 6

Yes! You must prove an intention by D to behave in a way that he knows in a way will in fact endanger the life of another.
Don’t have to show he intended to use the firearm to kill- but he must intend to endanger another’s life by means of the firearm.

Question 7

Q: Will the offence be made out if D possesses a firearm but intends to endanger life by another means?

Answer 7

No! It must be the firearm or the ammunition which endangers another life. It is not enough that D has the weapon with him at a time when someone’s life is endangered by other means such as by his dangerous driving.
This might be a conditional intent- D intends to use the gun to shoot someone if they do not do if they are told.

Question 8

Q: Can self-defence be used to s16 offences?

Answer 8

Case law tells us that there may be occasions when self-defence can be argued in answer to a charge under s16, such as where D is carrying a firearm in his own defence anticipating an imminent attack. This is rare!

Question 9

Q: What if someone carries a firearm intending to pass it to another?

Answer 9

A person who carries a firearm intending to pass it to another to use for the purpose of endangering life commits the offence. An intention to enable another to endanger life is covered by the wording of s16.

Question 10

Q: What if D intends to commit suicide?

Answer 10

It has to be the life of another which is intended to be endangered, not D’s own life. Possession with intent to commit suicide would not be enough.

Question 11

Q: Where does the endangered person have to live? Do they have to reside in the UK?

Answer 11

The other endangered person may be here in the UK or anywhere else in the world.
Eg: if a terrorist in the UK possesses a firearm with intent that another terrorist elsewhere in the world uses it to endanger life, then he commits this offence.

Question 12

Q: OFFENCE 2

Answer 12

S16A- possession of firearm with intent to cause fear of violence
‘It is an offence for a person to have in his possession any firearm or imitation firearm with intent-
(a) by means thereof to cause, or
(b) to enable another person to cause someone to believe that unlawful violence will be used against him or another.

Question 13

Q: What type of offence is possession of a firearm with intent to cause fear of violence?

Answer 13

Triable on indictment.
Carries a maximum sentence of 10 years.

Question 14

Q: Can a s16A offence (cause fear of violence) be committed by using an imitation firearm?

Answer 14

Yes! But ammunition is not included this time.

Question 15

Q: Do you have to prove that D produced the firearm or showed it to anyone?

Answer 15

No! The offence involves possession. He would be in possession of it if he had it on his person or for example in a bag he was carrying.
The physical element of possession is custody of control.
However, the offences involves a threat so it is unlikely to be committed if not shown. D could commit the offence without showing the firearm by saying “I have a gun” etc.. intending the victim to believe it and fear unlawful violence.

Question 16

Q: OFFENCE 3

Answer 16

S17(1) Use of firearm to resist arrest
‘It is an offence for a person to make or attempt to make any use whatsoever of a firearm or imitation firearm with intent to resist or prevent the lawful arrest or detention of himself or another person.’

Question 17

Q: What type of offence is using a firearm to resist arrest?

Answer 17

Triable on indictment.
Carries a maximum sentence of life imprisonment.

Question 18

Q: Can a s17(1) offence (use of firearm to resist arrest) be committed by using an imitation firearm?

Answer 18

Yes! But it does not cover ammunition.
In this case, firearms does not include component parts or accessories (such as silencers or flash eliminators).

Question 19

Q: What else must you prove for a s17(1) as well as possession?

Answer 19

This offence is not solely about possession. It requires D to use or attempt to use the firearm or imitation firearm and that he did so intending to resist arrest or prevent the arrest of himself or another.

Question 20

Q: What if the arrest was going to be an unlawful arrest?

Answer 20

Any arrest D intended to resist must be lawful for him to commit this offence. If the attempted arrest was unlawful, case law tells us that he could not commit the offence under s17(1). He may commit another offence instead!

Question 21

Q: OFFENCE 4

Answer 21

S18(1) Carrying a firearm with criminal intent
‘It is an offence for a person to have with him a firearm or imitation firearm with intent to commit an indictable offence, or to resist arrest or prevent the arrest of another, in either case while he has the firearm or imitation firearm with him.’

Question 22

Q: What type of offence is carrying a firearm with criminal intent to commit an indictable offence?

Answer 22

Triable on indictment.
Carries a maximum sentence of life imprisonment.

Question 23

Q: What if the arrest was going to be an unlawful arrest?

Answer 23

The arrest in this case does not appear to need to be lawful, unlike the previous offence.

Question 24

Q: Does this offence include an imitation firearm?

Answer 24

This offence requires D to have with him a firearm or imitation firearm.

Question 25

Q: What does the term ‘having with him’ mean?

Answer 25

‘Having with him’ is a more restrictive term than ‘possession’. You can possess something without having it on your person or anywhere near you, as long as you have control over it. ‘Having with him’ requires the weapon is readily accessible.
Poulick- this was satisfied by D having a firearm in a car 50 yards away from the room he was currently in, but it was not satisfied in the case of Bradish where the weapon was still in his house a few miles away from the scene of the crime.

Question 26

Q: What are the points to prove for this offence?

Answer 26

There are 3 elements to this s18(1) offence:
1. Proof that D had a firearm or imitation firearm with him
2. Proof that D intended to have it with him
3. Proof that at the same time D had the weapon with him, he also had the intention to commit an indictable offence or to resist or prevent someone’s arrest

Question 27

Q: Do you need to prove that D intended to use the weapon to commit the indictable offence or resist/prevent arrest?

Answer 27

It isn’t necessary to prove that D intended to actually use the weapon to commit the indictable offence or to resist or prevent someone’s arrest. It is all about D having it with him at the time he does any of the above activities.

Question 28

Q: OFFENCE 5

Answer 28

S17(2)- possessing a firearm or imitation firearm without a lawful purpose at the time of committing or being arrested for a schedule 1 offence
If a person, at the time of his committing or being arrested for an offence specified in Schedule 1 to this Act, has in his possession a firearm or imitation firearm, he shall be guilty of an offence under this subsection unless he shows that he had it in his possession for a lawful object.

Question 29

Q: What type of offence is carrying a firearm or imitation without a lawful purpose?

Answer 29

Triable on indictment.
Carries a maximum sentence of life imprisonment.

Question 30

Q: What are the Schedule 1 offences?

Answer 30

ACTOR
A: Abduction under Child Abduction Act
C: Criminal damage under s1 Criminal Damage Act
T- Theft offences (theft itself, robbery, burglary, blackmail and taking a conveyance)
O- Offences Against the Person (assaults and woundings under s20 and s47 OAPA, but NOT s18 GBH)
R- Rape (and other offences under Sexual Offences Act)

Question 31

Q: In what 2 ways may an offence under s17(2) be committed?

Answer 31

May be committed in 2 ways:
1. By being in possession of a firearm or imitation firearm at the time of committing a schedule 1 offence
- D just needs to be in possession at the time of the offence, he does not need to use the weapon to commit the offence
2. By being in possession of such a weapon at the time of being arrested for a schedule 1 offence
- D does not need to have the weapon whilst committing the schedule 1 offence, he just neds to have it at the time of his arrest. The arrest may come a considerable amount of time after the commission of the offence. D might not even end up being convicted of the schedule 1 offence but would still be guilty!

Question 32

Q: ADDITIONAL OFFENCE under Violent Crime Reduction Act 2006 (1)

Answer 32

S28(1) Violent Crime Reduction Act 2006- using someone to mind a weapon
(1) A person is guilty of an offence if-
(a) he uses another to look after, hide or transport a dangerous weapon for him; and
(b) he does so under arrangements or in circumstances that facilitate, or are intended to facilitate, the weapon’s being available to him for an unlawful purpose.

Question 33

Q: What is a ‘dangerous weapon’?

Answer 33

S28(3) defines dangerous weapon for the purposes of the act
In this section ‘dangerous weapon’ means
(a) a firearm other than an air weapon or a component part of, or accessory to, an air weapon; or
(b) a weapon to which section 141 or 141A of the Criminal Justice Act 1988 (c. 33) applies (specified offensive weapons, knives and bladed weapons).

Question 34

Q: What type of offence is using someone to mind a weapon?

Answer 34

Triable on indictment.
Carries a maximum sentence of 10 years imprisonment, if it involves a firearm.
Carries a maximum sentence of 4 years imprisonment, if it involves an offensive weapon.

Question 35

Q: What if a minor is asked to mind a weapon? What does this do to the sentence?

Answer 35

If a minor is used to mind a weapon in this way, this would be considered an aggravating factor, leading to a tougher sentence.

Question 36

Q: ADDITIONAL OFFENCES under Firearms Act (1)

Answer 36

S19 of 1968 Act- carrying a firearm in a public place
(1) A person commits an offence if, without lawful authority or reasonable excuse (the proof whereof lies on him) he has with him in a public place
(a) a loaded shot gun,
(b) an air weapon (whether loaded or not),
(c) any other firearm (whether loaded or not) together with ammunition suitable for use in that firearm, or
(d) an imitation firearm

Question 37

Q: What type of offence is carrying a firearm in a public place?

Answer 37

Triable either way.
Carries a maximum sentence of 7 years imprisonment or 12 months for an imitation firearm when it is tried on indictment.
If the weapon is an air weapon, it is triable only summarily and carries a maximum sentence of 6 months.

Question 38

Q: What does ‘public place’ mean for the purpose of this offence?

Answer 38

Has the usual statutory definition of a public place- ‘an highway or any other premises or place to which, at the material time, the public have or have permitted to have access whether on payment or otherwise’.

Question 39

Q: What are the specifics relating to a shotgun for D to be found guilty of the offence?

Answer 39

When a shotgun is involved, it has to be loaded for the offence to be committed. Loaded in this context means that there is ammunition in the chamber or barrel or in any magazine or other device whereby it can be fed into the chamber or barrel by the manual or automatic operation of some part of the weapon.

Question 40

Q: What are the specifics relating to firearms or air weapons? Do they have to be loaded?

Answer 40

When imitation firearms or air weapons are involved, it does not matter if they are loaded or not. It is simply necessary to prove that D had it with him.

Question 41

Q: What are the specifics relating to any other firearms? Do they need to be loaded?

Answer 41

In the case of any other firearm, whilst it doesn’t need to be loaded, it is necessary to prove that D had both the firearm and ammunition suitable for use in it with him at the time.
An unloaded firearm on its own would not be enough.

Question 42

Q: What must D prove to be found not guilty of the offence?

Answer 42

It is for D to prove that he had lawful authority or reasonable excuse for having the weapon in public. The mere fact that he has a certificate for it is not enough. The question would be- does the certificate authorise him to have that particular weapon in a public place.

Question 43

Q: ADDITIONAL OFFENCE under Firearms Act (2)

Answer 43

S20 1968 Act- Trespassing with a firearm or imitation firearm
S20(1)- A person commits an offence if, while he has a firearm or imitation firearm with him, he enters or is in any building or part of a building as a trespasser and without reasonable excuse (the proof whereof lies on him).

Question 44

Q: What type of offence is trespassing with a firearm or imitation firearm?

Answer 44

Triable either way offence, unless the firearm is an imitation firearm or air weapon in which it is summary only.
It carries a maximum sentence of 7 years on indictment.

Question 45

Q: How does s20(2) extend this offence?

Answer 45

S20(2)- A person commits an offence if, while he has a firearm or imitation firearm with him, he enters or is on any land as a trespasser and without reasonable excuse (the proof whereof lies on him).
This is a summary offence.
Land- includes land covers by water.