SCHEDULE 6 Prosecution and Punishment of Offences
Part I Table of Punishments
Section of this Act creating offence | General nature of offence | Mode of prosecution | Punishment | Additional provisions |
|---|---|---|---|---|
Section 1(1) ... | Possessing etc. firearm or ammunition without firearm certificate. | (a) Summary ... | 6 months or a fine of F1£400; or both. | |
(b) On indictment | (i) where the offence is committed in an aggravated form within the meaning of section 4(4) of this Act, F27 years, or a fine; or both, | |||
(ii) in any other case, F35 yearsor a fine; or both. | Paragraph 1 of Part II of this Schedule applies. | |||
Section 1(2) ... | Non-compliance with condition of firearm certificate. | Summary ... ... | 6 months or a fine of F4level 5 on the standard scale; or both. | Paragraph 1 of Part II of this Schedule applies. |
Section 2(1) ... | Possessing, etc., shot gun without shot gun certificate. | F5(a) Summary. | F56 months or the statutory maximum or both. | Paragraph 1 of Part II of this Schedule applies. |
F5(b) On indictment. | ||||
Section 2(2) ... | Non-compliance with condition of shot gun certificate. | Summary... | 6 months or a fine of F4level 5 on the standard scale; or both. | Paragraph 1 of Part II of this Schedule applies. |
Section 3(1) ... | Trading in firearms without being registered as firearms dealer. | (a) Summary ... | 6 months or a fine of F1£400; or both. | |
(b) On indictment | F75 years or a fine; or both. | |||
Section 3(2) ... | Selling firearm to person without a certificate. | (a) Summary ... | 6 months or a fine of F1£400; or both. | |
(b) On indictment | F85 years or a fine; or both. | |||
Section 3(3) ... | Repairing, testing etc. firearm for person without a certificate. | (a) Summary ... | 6 months or a fine of F1£400; or both. | |
(b) On indictment | F95 years or a fine; or both. | |||
Section 3(5) ... | Falsifying certificate, etc., with view to acquisition of firearm. | (a) Summary ... | 6 months or a fine of F1£400; or both. | |
(b) On indictment | ||||
Section 3(6) ... | Pawnbroker taking firearm in pawn. | Summary ... ... | 3 months or a fine of F4level 3 on the standard scale; or both. | |
F12Section 3(7) | Pawnbroker taking air weapon in pawn (Scotland only). | Summary | 3 months or a fine of level 3 on the standard scale; or both. | |
Section 4(1)(3) | Shortening a shot gun; conversion of firearms. | (a) Summary... | 6 months or a fine of F1£400; or both. | |
(b) On indictment | F137 years or a fine; or both. | |||
F14Section 5(1)(a), (ab), (aba), (ac), (ad), (ae), (af) F15, (ag), (ba) or (c) | Possessing F16... prohibited weapons or ammunition. | On indictment | 10 years or a fine, or both. | |
Section 5(1)(b) | Possessing F17... prohibited weapon designed for discharge of noxious liquid etc. | (a) Summary (b) On indictment | 6 months or a fine of the statutory maximum, or both. 10 years or a fine or both. | |
Section 5(1A)(a) | Possessing F18... firearm disguised as other object. | On indictment | 10 years or a fine, or both. | |
Section 5(1A)(b), (c), (d), (e), (f) or (g) | Possessing F19... other prohibited weapons. | (a) Summary (b) On indictment | 6 months or a fine of the statutory maximum, or both. 10 years or a fine, or both. | |
F20Section 5(2A) | Manufacturing or distributing, or possessing for distribution, prohibited weapons or ammunition | On indictment | Imprisonment for life. | |
Section 5(5) ... | Non-compliance with condition ofDefence Council authority. | Summary ... | 6 months or a fine of F4level 5 on the standard scale; or both. | |
Section 5(6) ... | Non - compliance with requirements to surrender authority to possess, etc., prohibited weapon or ammunition. | Summary ... ... | A fine of F4level 3 on the standard scale. | |
Section 6(3) ... | Contravention of order under s. 6 (or corresponding Northern Irish order) restricting removal of arms. | Summary ... ... | 3 months or, for each firearm or parcel of ammunition in respect of which the offence is committed, a fine of F4level 3 on the standard scale; or both. | Paragraph 2 of Part II of this Schedule applies. |
Section 7(2) ... | Making false statement in order to obtain police permit. | Summary ... | 6 months or a fine of F4level 5 on the standard scale; or both. | |
Section 9(3) ... | Making false statement in order to obtain permit for auction of firearms, etc. | F21Summary | F216 months or a fine not exceeding level 5 on the standard scale; o r both. | |
Section 13(2) ... | Making false statement in order to obtain permit for removal of signalling apparatus. | Summary. ... | 6 months or a fine of F4level 5 on the standard scale; or both. | |
Section 16 ... | Possession of firearm with intent to endanger life or injure property. | On indictment ... | ||
F24Section 16A | F24Possession of firearm with intent to cause fear of violence. | F24On indictment | F2410 years or a fine; or both. | |
F24Section 17(1) ... | Use of firearms to resist arrest. | On indictment ... | Paragraphs 3 to 5 of Part II of this Schedule apply. | |
Section 17(2) ... | Possessing firearm while committing an offence specified in Schedule 1 or, in Scotland, an offence specified in Schedule 2. | On indictment ... | Paragraphs 3 and 6 of Part II of this Schedule apply. | |
Section 18(1) ... | Carrying firearms or imitation firearm with intent commit indictable offence (or, in Scotland, an offence specified in Schedule 2) or to resist arrest. | On indictment ... | ||
Section 19 ... | Carrying F26firearm or imitation firearm in public place. | (a) Summary... F27except if the firearm is a firearm specified in section 5(1)(a), (ab), (aba), (ac), (ad), (ae) F28, (af), (ag) or (ba) or section 5(1A)(a) of this Act. | 6 months or a fine of F1£400; or both. | |
(b) On indictment (but not F29. . . if the firearm is an air weapon). | F307 years.or a fine; or both. | |||
Section 20(1) ... | Trespassing with firearm F31or imitation firearm in a building. | (a) Summary ... F27except if the firearm is a firearm specified in section 5(1)(a), (ab), (aba), (ac), (ad), (ae) F32, (af), (ag) or (ba) or section 5(1A)(a) of this Act. | 6 months or a fine of F1£400; or both. | |
(b) On indictment (but not F31in the case of an imitation firearm or if the firearm is an air weapon). | F337 yearsor a fine; or both. | |||
Section 20(2) ... | Trespassing with firearm F34or imitation firearm on land. | Summary ... ... | 3 months or a fine of F4level 4 on the standard scale; or both. | |
Section 21(4) ... | Contravention of provisions denying firearms to ex-prisoners and the like. | (a) Summary ... | 6 months or a fine of F1£400; or both. | |
(b) On indictment | F355 years or a fine; or both. | |||
Section 21(5) ... | Supplying firearms to person denied them under section 21. | (a) Summary ... | 6 months or a fine of F1£400; or both. | |
(b) On indictment | F365 years or a fine; or both. | |||
Person making improper use of air weapon | Summary | A fine of level 3 on the standard scale | Paragraphs 7 and 8 of Pt II of this Schedule apply. | |
F39Section 22(1) | Person under 18 acquiring firearm | Summary | (i) where the offence is committed by a person aged 17 in relation to a firearm other than an air weapon or ammunition other than ammunition for an air weapon, 3 months or a fine of level 5 on the standard scale; or both; | |
(ii) in any other case, 6 months or a fine of level 5 on the standard scale; or both. | ||||
F40Section 22(1A).. | Person under 18 using certificated firearm for unauthorised purpose. | Summary... | 3 months or a fine of level 5 on the standard scale; or both. | |
Section 22(2) ... | Person under 14 having firearm in his possession without lawful authority. | Summary ... ... | 6 months or a fine of F4level 5 on the standard scale; or both. | |
Section 22(3) ... | Person under 15 having with him a shot gun without adult supervision. | Summary ... ... | A fine of F4level 3 on the standard scale | Paragraph 8 of Part II of this Schedule applies. |
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F43. . . | F43. . . | F43. . . | F43. . . | F43. . . |
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F46. . . | F46. . . | F46. . . | F46. . . | F46. . . |
F47Section 24(1) | Selling or letting on hire a firearm to a person under 18 | Summary | (i) where the offence is committed in relation to a person aged 17 and in relation to a firearm other than an air weapon or ammunition other than ammunition for an air weapon, 3 months or a fine of level 5 on the standard scale; or both; | |
(ii) in any other case, 6 months or a fine of level 5 on the standard scale; or both. | ||||
Section 24(2) ... | Supplying firearm or ammunition (being of a kind to which section 1 of this Act applies) to person under 14. | Summary ... ... | 6 months or a fine of F4level 5 on the standard scale; or both. | |
Section 24(3) ... | Making gift of shot gun to person under 15. | Summary ... ... | A fine of F4level 3 on the standard scale | Paragraph 9 of Part II of this Schedule applies. |
Section 24(4) ... | Supplying air weapon to person under F4818 . | Summary ... ... | A fine of F4level 3 on the standard scale | Paragraphs 7 and 8 of Part II of this Schedule apply. |
F49Section 24ZA(1) | Failing to prevent minors from having air weapons | Summary | A fine of level 3 on the standard scale. | Paragraphs 7 and 8 of Part II of this Schedule apply. |
F50Section 24A(1) or (2) | Acquisition by a minor of an imitation firearm and supplying him. | Summary | In England and Wales, 51 weeks or a fine of level 5 on the standard scale, or both. In Scotland, 6 months, or a fine of level 5 on the standard scale, or both. | |
Section 25 ... | Supplying firearm to person drunk or insane. | Summary ... ... | 3 months or a fine of F4level 3 on the standard scale; or both. | |
F51Section 28A(7) ... | Making false statement in order to procure grant or renewal of a firearm or shot gun certificate. | Summary ... ... | 6 months or a fine of F4level 5 on the standard scale; or both. | |
Section 29(3) ... | Making false statement in order to procure variation of a firearm certificate. | Summary ... ... | 6 months or a fine of F4level 5 on the standard scale; or both. | |
F52Section 30D(3)... | Failing to surrender certificate on revocation. | Summary ... ... | A fine of F4level 3 on the standard s cale. | |
F53. . . | F53. . . | F53. . . | F53. . . | |
F53. . . | F53. . . | F53. . . | F53. . . | |
Section 38(8) ... | Failure to surrender certificate of registration F54or register of transactions on removal of firearms dealer’s name from from register. | Summary ... ... | A fine of F4level 3 on the standard s cale. | |
Section 39(1) ... | Making false statement in order to secure registration or entry in register of a place of business. | Summary ... | 6 months or a fine of F4level 5 on the standard scale; or both. | |
Section 39(2) ... | Registered firearms dealer having place of business not entered in the register. | Summary ... | 6 months or a fine of F4level 5 on the standard scale; or both. | |
Section 39(3) ... | Non-compliance with condition of registration. | Summary ... | 6 months or a fine of F4level 5 on the standard scale; or both. | |
Section 40(5) ... | Non-compliance by firearms dealer with provivisions as to register of transactions; making false entry in register. | Summary ... | 6 months or a fine of F4level 5 on the standard scale; or both. | |
F55. . . | F55. . . | F55. . . | F55. . . | |
F55. . . | F55. . . | |||
F56Section 42A... | Failure to report transaction authorised by visitor’s shot gun permit. | Summary... | 3 months or a fine of level 5 on the standard scale; or both. | |
F57Section 46. | F57Obstructing constable or civilian officer in exercise of search powers. | F57Summary. | F576 months or a fine of level 5 on the standard scale; or both. | |
F57Section 47(2) ... | Failure to hand over firearm or ammunition on demand by constable. | Summary ... | 3 months or a fine of F4level 4 on the standard scale; or both. | |
Section 48(3) ... | Failure to comply with requirement of a constable that a person shall declare his name and address. | Summary ... ... | A fine of F4level 3 on the standard scale. | |
F53. . . | F53. . . | F53. . . | F53. . . | |
Section 49(3) ... | Failure to give constable facilities for examination of firearms in transit, or to produce papers. | Summary ... ... | 3 months or, for each firearm or parcel of ammunition in respect of which the offence is committed, a fine of F4level 3 on the standard scale; or both. | Paragraph 2 of Part II of this Schedule applies. |
Section 52(2)(c) | Failure to surrender firearm or shot gun certificate cancelled by court on conviction. | A fine of F4level 3 on the standard scale. | ||
Part IISupplementary Provisions as to Trial and Punishment of offences
1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F58
2
In the case of an offence against section 6(3) or 49(3) of this Act, the court before which the offender is convicted may, if the offender is the owner of the firearms or ammunition, make such order as to the forfeiture of the firearms or ammunition as the court thinks fit.
F593
F60(1)
Where in England or Wales a person who has attained the age of seventeen is charged before a magistrates’ court with an offence triable either way listed in F61Schedule 1 to the Magistrates’ Courts Act 1980
(“the listed offence”) and is also charged before that court with an offence under section 17(1) or (2) of this Act, the following provisions of this paragraph shall apply.
(2)
Subject to the following sub-paragraph the court shall proceed as if the listed offence were triable only on indictment and F62sections 18 to 23 of the said Act of 1980
(procedure for determining mode of trial of offences triable either way) shall not apply in relation to that offence.
(3)
If the court determines not to commit the accused for trial in respect of the offence under section 17(1) or (2), or if proceedings before the court for that offence are otherwise discontinued, the preceding sub-paragraph shall cease to apply as from the time when this occurs and—
(a)
if at that time the court has not yet begun to inquire into the listed offence as examining justices, the court shall, in the case of the listed offence, proceed in the ordinary way in accordance with F63the said sections 18 to 23; but
(b)
if at that time the court has begun so to inquire into the listed offence, those sections shall continue not to apply and the court shall proceed with its inquiry into that offence as examining justices, but shall have power in accordance with F63section 25(3) and (4) of the said Act of 1980 to change to summary trial with the accused’s consent.
4
Where a person commits an offence under section 17(1) of this Act in respect of the lawful arrest or detention of himself for any other offence committed by him, he shall be liable to the penalty provided by Part I of this Schedule in addition to any penalty to which he may be sentenced for the other offence.
5
If on the trial of a person for an offence under section 17(1) of this Act the jury are not satisfied that he is guilty of that offence but are satisfied that he is guilty of an offence under section 17(2), the jury may find him guilty of the offence under section 17(2) and he shall then be punishable accordingly.
6
The punishment to which a person is liable for an offence under section 17(2) of this Act shall be in addition to any punishment to which he may be liable for the offence first referred to in section 17(2).
7
The court by which a person is convicted of an offence under section F64F6521A,F6622(4), 23(1) F6521A(1), 21A(1A), 22(3)
F67. . .
F68, 24(4) or 24ZA(1) of this Act may make such order as it thinks fit as to the forfeiture or disposal of the air weapon or ammunition in respect of which the offence was
committed.
8
9
The court by which a person is convicted of an offence under section 24(3) of this Act may make such order as it thinks fit as to the forfeiture or disposal of the shot gun or ammunition in respect of which the offence was committed.