Part III Law Enforcement and Punishment of Offences
C146F1 Power of search with warrant.
1
If a justice of the peace or, in Scotland, the sheriff, is satisfied by information on oath that there is reasonable ground for suspecting—
a
that an offence relevant for the purposes of this section has been, is being, or is about to be committed; or
b
that, in connection with a firearm or ammunition, there is a danger to the public safety or to the peace,
he may grant a warrant for any of the purposes mentioned in subsection (2) below.
2
A warrant under this section may authorise a constable or civilian officer—
a
to enter at any time any premises or place named in the warrant, if necessary by force, and to search the premises or place and every person found there;
b
to seize and detain anything which he may find on the premises or place, or on any such person, in respect of which or in connection with which he has reasonable ground for suspecting—
i
that an offence relevant for the purposes of this section has been, is being or is about to be committed; or
ii
that in connection with a firearm, imitation firearm or ammunition there is a danger to the public safety or to the peace.
C23
The power of a constable or civilian officer under subsection (2)(b) above to seize and detain anything found on any premises or place shall include power to require any information which is F2stored in any electronic form and is accessible from the premises or place to be produced in a form in which it is visible and legible F3or from which it can readily be produced in a visible and legible form and can be taken away.
4
The offences relevant for the purposes of this section are all offences under this Act except an offence under section 22(3) or an offence relating specifically to air weapons.
5
It is an offence for any person intentionally to obstruct a constable or civilian officer in the exercise of his powers under this section.
47 Powers of constables to stop and search.
1
A constable may require any person whom he has reasonable cause to suspect—
a
of having a firearm, with or without ammunition, with him in a public place; or
b
to be committing or about to commit, elsewhere than in a public place, an offence relevant for the purposes of this section,
to hand over the firearm or any ammunition for examination by the constable.
2
It is an offence for a person having a firearm or ammunition with him to fail to hand it over when required to do so by a constable under subsection (1) of this section.
3
If a constable has reasonable cause to suspect a person of having a firearm with him in a public place, or to be committing or about to commit, elsewhere than in a public place, an offence relevant for the purposes of this section, the constable may search that person and may detain him for the purpose of doing so.
4
If a constable has reasonable cause to suspect that there is a firearm in a vehicle in a public place, or that a vehicle is being or is about to be used in connection with the commission of an offence relevant for the purposes of this section elsewhere than in a public place, he may search the vehicle and for that purpose require the person driving or in control of it to stop it.
5
For the purpose of exercising the powers conferred by this section a constable may enter any place.
6
The offences relevant for the purpose of this section are those under sections 18(1) and (2) and 20 of this Act.
48 Production of certificates.
1
A constable may demand, from any person whom he believes to be in possession of a firearm or ammunition to which section 1 of this Act applies, or of a shot gun, the production of his firearm certificate or, as the case may be, his shot gun certificate.
F361A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
If a person upon whom a demand is made under this section fails to produce the certificate F37... or to permit the constable to read it, or to show that he is entitled by virtue of this Act to have the firearm, ammunition or shot gun in his possession without holding a certificate, the constable may seize and detain the firearm, ammunition or shot gun and may require the person to declare to him immediately his name and address.
3
If under this section a person is required to declare to a consta ble his name and address, it is an offence for him to refuse to declare it or to fail to give his true name and address.
F384
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
49 Police powers in relation to arms traffic.
1
F4A constable may search for and seize any firearms or ammunition which he has reason to believe are being removed, or to have been removed, in contravention of an order made under section 6 of this Act or of a corresponding Northern Irish order within the meaning of subsection (3)(c) of that section.
2
A person having the control or custody of any firearms or ammunition in course of transit shall, on demand by a constable, allow him all reasonable facilities for the examination and inspection thereof and shall produce any documents in his possession relating thereto.
3
It is an offence for a person to fail to comply with subsection (2) of this section.
F2350 Special powers of arrest.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
51 Prosecution and punishment of offences.
1
Part I of Schedule 6 to this Act shall have effect with respect to the way in which offences under this Act are punishable on conviction.
2
In relation to an offence under a provision of this Act specified in the first column of the Schedule (the general nature of the offence being described in the second column),—
a
the third column shows whether the offence is punishable on summary conviction or on indictment or either in one way or the other; and
b
the fourth column shows the maximum punishment by way of fine or imprisonment under this Act which may be imposed on a person convicted of the offence in the way specified in relation thereto in the third column (that is to say, summarily or on indictment), any reference in the fourth column to a period of years or months being construed as a reference to a term of imprisonment of that duration.
3
The provisions contained in Part II of Schedule 6 to this Act (being provisions as to the inclusion in an indictment in Scotland of certain summary offences, the punishments which may be imposed when a person is convicted of more than one offence arising out of the same set of circumstances, alternative verdicts and the orders which, in certain cases, a court may make when a person is convicted by or before it) shall have effect in relation to such of the offences specified in Part I of that Schedule as are indicated by entries against those offences in the fifth column of that Part.
C3C4C54
Notwithstanding F5section 127(1) of the Magistrates’ Courts Act 1980 or F6section 331 of the M1Criminal Procedure (Scotland) Act 1975 (limitation of time for taking proceedings) summary proceedings for an offence under this Act, other than an offence under section 22(3) or an offence relating specifically to air weapons, may be instituted at any time within four years after the commission of the offence:
Provided that no such proceedings shall be instituted in England after the expiration of six months after the commission of the offence unless they are instituted by, or by the direction of, the Director of Public Prosecutions.
C12C6C1351AF18Minimum sentence for certain offences under s. 5
F311
F27Subsections (2) to (5) apply where—
a
an individual is convicted F28in Scotland of—
i
an offence under section 5(1)(a), (ab),
(aba), (ac), (ad), (ae), (af) or (c) of this Act, F7. . .
ii
an offence under section 5(1A)(a) of this Act, F8or
F9iii
an offence under any of the provisions of this Act listed in subsection
(1A) in respect of a firearm or ammunitionspecified in section 5(1)(a), (ab), (aba),
(ac), (ad), (ae),(af) or (c) or section 5(1A)(a) of this Act,
and
C7b
the offence was committed after the commencement of this section and at a time
when he was aged 16 or over.
F10F311A
The provisions are—
F21za
section 5(2A) (manufacture, sale or transfer of firearm, or possession etc for sale or transfer);
a
section 16 (possession of firearm with intent to
injure);
b
section 16A (possession of firearm with intent to cause fear of
violence);
c
section 17 (use of firearm to resist arrest);
d
section 18 (carrying firearm with criminal
intent);
e
section 19 (carrying a firearm in a public place);
f
section 20(1)(trespassing in a building with
firearm).
F312
The court shall impose an appropriate custodial sentence (or order for
detention) for a term of at least the required minimum term (with or without a fine) unless the court is of the opinion that
there are exceptional circumstances relating to the offence or to the offender which justify its not doing so.
F313
Where an offence is found to have been committed over a period of two or more
days, or at some time during a period of two or more days, it shall be taken for the purposes of this section to have been committed on the
last of those days.
4
F35In this section “appropriate custodial sentence
(or order for detention)” means—
F33b
in relation to Scotland—
i
in the case of an offender who is aged 21 or over when convicted, a sentence of
imprisonment,
ii
in the case of an offender who is aged under 21 at that time (not being an
offender mentioned in sub-paragraph (iii)), a sentence of detention under section 207 of the Criminal Procedure
(Scotland) Act 1995, and
iii
in the case of an offender who is aged under 18 at that time and is subject to a
supervision requirement, an order for detention under section 44, or sentence of detention under section 208, of that
Act.
F345
In this section “the required minimum
term” means—
F30a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F32b
in relation to Scotland—
i
in the case of an offender who was aged 21 or over when he committed the offence,
five years, and
ii
in the case of an offender who was aged under 21 at that time, three
years.
F266
For the minimum sentence for certain offences under this Act where an individual is convicted in England and Wales, see section 311 of the Sentencing Code.
C10C1152Forfeiture and disposal of firearms; cancellation of certificate by convicting court. C9
1
Where a person—
a
is convicted of an offence under this Act (other than an offence under section 22(3) or an offence relating specifically to air weapons) or is convicted of a crime for which he is sentenced to imprisonment, . . . F11 or detention in a detention centre or F12in a young offenders’ institution in Scotland F13or is subject to a F14detention and training order; or
b
has been ordered to enter into a recognizance to keep the peace or to be of good behaviour, a condition of which is that he shall not possess, use or carry a firearm; or
c
is subject to a F15community order containing a requirement that he shall not possess, use or carry a firearm; or
d
has, in Scotland, been ordained to find caution a condition of which is that he shall not possess, use or carry a firearm,
the court by or before which he is convicted, or by which the order is made, may make such order as to the forfeiture or disposal of any firearm or ammunition found in his possession as the court thinks fit and may cancel any firearm certificate or shot gun certificate held by him.
F221ZA
Where—
a
a person is convicted as mentioned in subsection (1)(a) by or before a court in England and Wales, or
b
an order of the kind mentioned in subsection (1)(b) or (c) is made in relation to a person by a court in England and Wales,
the court may cancel any air weapon certificate granted to the person under section 5 of the Air Weapons and Licensing (Scotland) Act 2015 which has not expired or been revoked or cancelled.
1ZB
Where a person is convicted of an offence under Part 1 of the Air Weapons and Licensing (Scotland) Act 2015, the court by or before which the person is convicted may make such order as to the forfeiture or disposal of any firearm (other than an air weapon within the meaning of section 1 of that Act) or ammunition found in the person’s possession as the court thinks fit.
F161A
In subsection (1)(c) “community order” means—
a
F20b
a community payback order under section 227A of the Criminal Procedure (Scotland) Act 1995 (c.46).
2
Where the court cancels a certificate under this section—
a
the court shall cause notice to be sent to the chief officer of police by whom the certificate was granted; and
b
the chief officer of police shall by notice in writing require the holder of the certificate to surrender it; and
c
it is an offence for the holder to fail to surrender the certificate within twenty-one days from the date of the notice given him by the chief officer of police.
3
A constable may seize and detain any firearm or ammunition which may be the subject of an order for forfeiture under this section.
4
A court of summary jurisdiction or, in Scotland, the sheriff may, on the application of the chief officer of police, order any firearm or ammunition seized and detained by a constable under this Act to be destroyed or otherwise disposed of.
F175
In this section references to ammunition include references to a primer to which section 35 of the Violent Crime Reduction Act 2006 applies and to an empty cartridge case incorporating such a primer.