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Facing allegations of a firearms offence can be an extremely stressful and frightening experience, especially if you have never encountered the criminal justice system before. You might be wondering whether the circumstances of your case could allow for a suspended sentence rather than immediate custody. This article provides a comprehensive explanation of firearms offences under English law, the sentencing framework that applies, how suspended sentences work, and the practical steps you can take to secure the best possible outcome.
What are firearms offences?
Firearms offences encompass a wide range of unlawful conduct involving guns, ammunition, and related items. The primary legislation is the Firearms Act 1968, as amended by subsequent acts including the Firearms (Amendment) Act 1988 and the Anti-social Behaviour, Crime and Policing Act 2014. These laws tightly regulate who may possess firearms and in what circumstances.
The Act categorises weapons into different groups with varying levels of regulation. Section 5 firearms are prohibited weapons, including automatic firearms, disguised firearms, and certain powerful handguns. Possession of these weapons is almost always illegal, subject to very limited exceptions. Section 1 firearms include most rifles and certain other weapons, which require a firearms certificate. Shotguns fall under Section 2 and require a shotgun certificate. Imitation firearms and air weapons are also regulated, though less strictly than actual firearms.
Common firearms offences include possessing a firearm without a certificate (Section 1 or Section 2 offences), possessing a prohibited weapon (Section 5), possessing a firearm with intent to cause fear of violence (Section 16A), possessing a firearm with intent to commit an indictable offence (Section 18), and carrying a firearm in a public place. Offences also include supplying firearms, shortening shotgun barrels, and converting imitation firearms into working weapons.
Examples might include someone found in possession of an illegal handgun at home, a person carrying a shotgun in public without lawful authority, or an individual holding a rifle without the required certificate. The law makes no allowance for ignorance: if you possess a prohibited weapon, it is irrelevant whether you knew it was illegal or thought it was deactivated.
What are the usual sentences for firearms offences?
Sentencing for firearms offences is among the strictest in English criminal law. For the most serious offences, particularly possession of prohibited firearms under Section 5, there are minimum sentences. For adults, the minimum sentence is generally 5 years’ imprisonment, though courts can impose a lower sentence if there are exceptional circumstances.
The maximum sentences vary: possession of a Section 5 firearm can attract up to 10 years or life imprisonment depending on the precise offence; possessing a firearm with intent to commit an indictable offence carries a maximum of life imprisonment; other offences carry maximums ranging from 5 to 7 years.
The Sentencing Council has published definitive guidelines for firearms offences, categorising cases by culpability and harm. Culpability considers factors such as whether the firearm was loaded, whether ammunition was available, the intention in possessing the weapon, and the level of planning. Harm relates to the type of weapon, the circumstances of possession, and the risk to public safety.
Sentences range from community orders for the least serious offences involving imitation weapons or air weapons with minimal risk, through to lengthy prison sentences for possession of loaded, prohibited firearms, particularly where connected to other criminality. Suspended sentences are possible for some lower-level offences, but immediate custody is the norm for more serious cases, especially those involving Section 5 weapons.
What is a suspended sentence and how does it work?
A suspended sentence is a prison sentence that the court decides not to implement immediately, instead suspending it on condition that you comply with specified requirements for a set period. The court imposes a prison sentence (up to 2 years for a single offence) and then suspends it for a supervision period of between 6 months and 2 years.
During this period, you must comply with requirements imposed by the court, which might include unpaid work, rehabilitation activities, programmes addressing offending behaviour, curfews monitored by electronic tags, residence requirements, or exclusion from certain areas. You must also avoid committing any further offences.
Successful completion of the supervision period without breaching requirements means the sentence expires and you serve no time in prison. However, breaching any requirement or committing another offence will normally result in the court activating the suspended sentence, requiring you to serve the prison term in addition to any penalty for the breach or new offence.
Can firearms offences result in a suspended sentence?
For offences involving Section 5 prohibited firearms, the 5-year minimum sentence means suspended sentences are effectively unavailable unless exceptional circumstances can be established. Exceptional circumstances are not readily recognised, and might include situations where the defendant was unaware that the item was a firearm, where there was no ammunition or intention to use the weapon, or where very compelling personal circumstances exist.
For lower-level offences not subject to minimum sentences (such as possession of air weapons, some imitation firearms offences, or possession of ammunition in limited circumstances) suspended sentences are more realistic possibilities, particularly for first-time offenders with strong mitigation where the level of danger was low.
For example, someone found in possession of a single shotgun cartridge with no gun, who had no intention to use it and acted through ignorance, might receive a suspended sentence. Conversely, someone possessing a loaded handgun will almost certainly face immediate custody.
What factors do courts consider when deciding on a suspended sentence for firearms offences?
When considering whether to suspend a sentence for a firearms offence (where legally possible), judges assess numerous factors. The type of weapon is critical: prohibited Section 5 weapons are treated most seriously, followed by Section 1 firearms, then shotguns, with imitation firearms and air weapons at the lower end. Whether the weapon was loaded and in working order affects seriousness.
- The circumstances of possession matter significantly. Was the weapon found in public or kept at home? Was it used to threaten anyone? Was it connected to other criminality? The duration of possession is relevant.
- Your knowledge and intent are crucial. Did you know you possessed a firearm? Why did you possess it? Possession for criminal purposes is an aggravating factor.
- Personal mitigation can be compelling in borderline cases. Previous good character, family responsibilities, serious health conditions, and employment carry weight. Evidence of remorse and cooperation with police are relevant. The impact of custody on vulnerable dependants may constitute exceptional circumstances in minimum sentence cases.
- Aggravating factors include previous convictions, gang connections, evidence of dealing in firearms, and attempts to conceal the weapon.
How serious does the offence have to be for a prison sentence for firearms offences?
Given the strict approach to firearms offences, the custody threshold is relatively low. Any offence involving a real firearm capable of discharging a shot is likely to cross the custody threshold unless very unusual circumstances exist. For Section 5 prohibited firearms, immediate custody of at least 5 years is mandatory unless exceptional circumstances are found.
For Section 1 firearms and shotguns, immediate custody is highly likely unless the circumstances are genuinely exceptional (e.g. technical breaches by certificate holders, or possession in very unusual circumstances with strong mitigation). For imitation firearms that appear realistic, custody is likely if they were used to threaten or intimidate, or if possessed in public.
Lower-level offences involving air weapons or unrealistic imitation firearms, particularly where there is no element of threat or danger and the defendant has no relevant previous convictions, may not cross the custody threshold, allowing for community sentences or suspended sentences.
What can I do to improve my chances of getting a suspended sentence for firearms offences?
If the prosecution case is strong, the focus shifts to mitigation. Gather comprehensive evidence of personal circumstances: medical evidence for health conditions, evidence of caring responsibilities (particularly sole carer duties), references demonstrating good character, evidence of employment or voluntary work, and proof of community ties.
If there are exceptional circumstances, these must be clearly evidenced. For example, if you genuinely did not know the item was a firearm (perhaps believing it to be deactivated or an imitation), obtain expert evidence. If you came into possession unwittingly (for example, it was left in a property you moved into), provide evidence of the circumstances and your actions upon discovery.
Demonstrating genuine remorse and acceptance of responsibility is incredibly important. If you cooperated fully with the police, this should be highlighted. If there are underlying issues that led to possession (such as fear due to threats, though this does not justify possession), provide evidence and show steps taken to address these issues lawfully.
If gang involvement or criminal associations contributed to possession, evidence of disassociation and positive lifestyle changes can be powerful. Consider moving away from areas of risk, cutting ties with negative influences, engaging in education or training, and obtaining references from new positive influences.
Where to get more help
Firearms allegations require immediate specialist legal advice. At Stuart Miller Solicitors, we understand the complexities of firearms legislation, the intricacies of minimum sentence provisions and exceptional circumstances, and have successfully argued for suspended sentences where legally possible. Contact us today for a free, unbiased, and confidential consultation about your case.
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