In Place Of Fear

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offences under sections 16, 16A, 17, 18, 19 or 20(1) of the 1968 Act involving a prohibited weapon of one of these particular types; and Section 5(1A)(a): any firearm which is disguised as another object e.g. pen guns, key fob guns and phone guns. an accessory to a lethal barrelled weapon or a prohibited weapon where the accessory is designed or adapted to diminish the noise or flash caused by firing the weapon. A firearms expert will classify the weapon as a firearm and may flag up that it has the potential to be a disguised weapon. However, the question of whether the weapon is, in fact, disguised is a question of fact for the court; prosecutors will need to ensure that they have a detailed description of the weapon on file, and a photograph will also assist. Where offences contrary to section 1 or section 5 Firearms Act 1968 (other than straightforward shotgun and air weapon offences, referred to above) appear to have been committed, a forensic report from a FSP or a firearms expert from a United Kingdom Accreditation Service (UKAS) accredited police force will always be needed for classification purposes.

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The court should adopt a cautious approach where a course of conduct is based upon a few incidents which are widely spaced in time. The issue for the court is whether the incidents, however many they may be, can properly be said to be so connected in type and in context as to justify the conclusion that they can amount to a course of conduct: Pratt v DPP [2001] EWHC Admin 483. Section 37 of the 2006 Act provides specific defences: this allows persons in the course of a trade or business to import realistic imitation firearms for the purpose of modifying them to make them non-realistic. It also provides various defences if the realistic imitation firearm was available for: A stalking or harassment suspect may weigh up the relative benefits and costs of pursuing abusive actions. This may involve taking several steps to minimise the likelihood of detection and punishment. In many of these cases the suspect may have already formed an association with the victim. They may be ex-partners, family members, work colleagues or friends. Information that they have gained as part of this connection may increase their access to the victim, their family or other friends and enable them to manipulate activity to maximise the impact on the victim. exposes for sale or transfer, or has in his possession for sale, transfer, repair, test or proof, any such firearms or ammunition or a shot gun; orThere is overlap in some elements of the offences of CCB, stalking and harassment. Monitoring a person’s movement or social media may constitute both stalking and CCB; controlling who they meet and when they leave the house may constitute both harassment and CCB. The removal of the requirement to cohabit, so that CCB may be charged for non-cohabiting intimate or family relationships, furthers this overlap. It is important to select the charge based on an understanding of the cumulative harm caused to the victim and the harm in its totality. The evidence from the victim should set this out fully and inform the decision on charge, together with the context of the offending including the motivation of the suspect. This will also enable: The following factors should be considered when deciding whether to charge offences under sections 16, 16A, 17 or 18 of the Firearms Act 1968:

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its propulsion system is of a specified type (section 58(2C)): these types are specified in regulation 3 of the Antique Firearms Regulations 2021; or Section 8A(5) places a duty on the Secretary of State to publish a document setting out the technical specifications for the deactivation of weapons which apply. the matters that must be taken into account include any differences between the size, shape and principal colour of the imitation firearm and the size, shape and colour in which the real firearm is manufactured; and The weapon is a shotgun, as the dimensions of the barrel and bore will determine whether it is a firearm for the purposes of section 1, 2 or 5; Prosecutors should consider the Sentencing Council’s guidelines on sentence (see below, under ‘Guidelines’).This classification would not be appropriate if the gun had been designed as a signal pistol (for example, because they are capable of accepting a screw-in flare launcher) because such guns are specifically exempted from section 5(1) (aba); instead, a classification as a section 1(1)(a) firearm would be appropriate and a firearm certificate would be required. An imitation firearm is “any thing which has the appearance of being a firearm (other than such a weapon as is mentioned in section 5(1)(b) of this Act [an weapon designed or adapted for the discharge of a noxious substance]), whether or not it is capable of discharging any shot, bullet or other missile”: section 57(4). A firearm or suspected firearm should be recovered by a Firearms Officer, who should exhibit each weapon, component part and item of ammunition stating where each item was found. an offence of criminal use of an imitation firearm is considered when the evidence does not support an offence contrary to sections 1 or 5 Firearms Act 1968. Section 16 makes it an offence to possess a firearm "with intent to enable another person to endanger life". This requires proof that the possessor intends life to be endangered, although it is sufficient if the intent is that the firearm or ammunition should be used in a manner which endangers life as and when the occasion requires. In R v Jones (IF) [1997] 1 Cr. App. R. 46, it was held that enabling the other person meant more than giving that other the opportunity to endanger life, should they wish to. The offence is not made out simply because the possessor intended to supply the firearms or ammunition to persons who happened to be criminals. However, prosecutors should look at all of the surrounding circumstances of the case to see if there is sufficient evidence that would enable a jury to infer that the possessor knew that the ultimate recipient, whoever that might be, would use the firearms or ammunition in a manner that would endanger life. Factors that might be sufficient include: the nature of the firearm and ammunition in question, the circumstances in which they came to be in possession of the items, the circumstances in which they are found and whether there is evidence to suggest that they are part of a larger criminal enterprise: see R v Clarke and Opoku [2010] EWCA 12.

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possession of particular types of prohibited weapon under section 5 of the 1968 Act, namely those specified in subsections (1)(a), (ab), (aba), (ac), (ad), (ae) or (af) and (1A)(a); Section 4(2) creates an offence of a person other than a registered firearms dealer converting into a firearm anything which has the appearance of being a firearm but which was originally incapable of discharging any missile through its barrel. Possession of articles for conversion of imitation firearms Section 38 goes on to provide guidance on determining whether something is “indistinguishable” from a real firearm. Real firearm” means an actual make or model of modern firearm, or something meeting a description which could be used to identify by reference to their appearance a category of actual modern firearms: section 38(7) of the 2006 Act. “Modern firearm” is defined in section 38(8) as excluding any imitation of a firearm “the appearance of which would tend to identify it as having a design and mechanism of a sort first dating from before the year 1870.” Readily Convertible Imitation FirearmsSection 3 of the 1968 Act provides that it is an offence if, by way of trade or business and without being registered as a firearms dealer, a person: Section 17(1) requires "use" or "attempt to use" a firearm or imitation firearm with intent to resist arrest.