Firearms Act 1968

Section 51.

SCHEDULE 6 E+W+S Prosecution and Punishment of Offences

Part I E+W+S Table of Punishments

Modifications etc. (not altering text)

C1 Sch. 6 Pt. I modified (1.11.1968) by S.I. 1968/1200, art. 3

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, [F2 7 years], or a fine; or both,
			(ii) in any other case, [F3 5 years]or 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 [F4 level 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.]	[F5 6 months or the statutory maximum or both.]	Paragraph 1 of Part II of this Schedule applies.
		[F5 (b) On indictment.]	[F5 [F6 5 years] or a fine; or both.]
Section 2(2) ...	Non-compliance with condition of shot gun certificate.	Summary...	6 months or a fine of [F4 level 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	[F7 5 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	[F8 5 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	[F9 5 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	[F10 5 years] or [F11 a fine]; or both.
Section 3(6) ...	Pawnbroker taking firearm in pawn.	Summary ... ...	3 months or a fine of [F4 level 3 on the standard scale]; or both.
[F12 Section 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	[F13 7 years] or a fine; or both.
[F14 Section 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.]
[F20 Section 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 [F4 level 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 [F4 level 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 [F4 level 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 [F4 level 5 on the standard scale]; or both.
Section 9(3) ...	Making false statement in order to obtain permit for auction of firearms, etc.	[F21 Summary]	[F21 6 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 [F4 level 5 on the standard scale]; or both.
Section 16 ...	Possession of firearm with intent to endanger life or injure property.	On indictment ...	[F22 life imprisonment] or a fine; or . . . F23 b oth.
[F24 Section 16A]	[F24 Possession of firearm with intent to cause fear of violence.]	[F24 On indictment]	[F24 10 years or a fine; or both.]
F24 Section 17(1) ...	Use of firearms to resist arrest.	On indictment ...	[F22 life imprisonment] or a fine; or, . . . F23 both.	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 ...	[F25 Life imprisonment] or a fine; or . . . F23 both.	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 ...	[F25 Life imprisonment] or a fine; or, . . . F23 b oth.
Section 19 ...	Carrying [F26 firearm or imitation firearm] in public place.	(a) Summary... [F27 except 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).	[F30 7 years.]or a fine; or both.
Section 20(1) ...	Trespassing with firearm [F31 or imitation firearm] in a building.	(a) Summary ... [F27 except 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 [F31 in the case of an imitation firearm or] if the firearm is an air weapon).	[F33 7 years]or a fine; or both.
Section 20(2) ...	Trespassing with firearm [F34 or imitation firearm] on land.	Summary ... ...	3 months or a fine of [F4 level 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	[F35 5 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	[F36 5 years] or a fine; or both.
[F37 Section [F38 21A] [F38 21A(1) and (1A)]	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.]
[F39 Section 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.]
F40 Section 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 [F4 level 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 [F4 level 3 on the standard scale]	Paragraph 8 of Part II of this Schedule applies.
[F41 Section 22(4) ...]	[F41 Person under [F42 18] having with him an air weapon or ammunition therefor.]	[F41 Summary ... ...]	[F41 A fine of [F4 level 3 on the standard s cale]]	[F41 Paragraphs 7 and 8 of Part II of this Schedule apply.]
F43 . . .	F43 . . .	F43 . . .	F43 . . .	F43 . . .
[F44 Section 23(1) ...]	[F44 [F45 Person supervising a person under 18 and allowing him to make improper use of air weapon]]	[F44 Summary ... ...]	[F44 A fine of [F4 level 3 on the standard s cale]]	[F44 Paragraphs 7 and 8 of Part II of this Schedule apply.]
F46 . . .	F46 . . .	F46 . . .	F46 . . .	F46 . . .
[F47 Section 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 [F4 level 5 on the standard scale]; or both.
Section 24(3) ...	Making gift of shot gun to person under 15.	Summary ... ...	A fine of [F4 level 3 on the standard scale]	Paragraph 9 of Part II of this Schedule applies.
Section 24(4) ...	Supplying air weapon to person under [F48 18] .	Summary ... ...	A fine of [F4 level 3 on the standard scale]	Paragraphs 7 and 8 of Part II of this Schedule apply.
[F49 Section 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.]
[F50 Section 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 [F4 level 3 on the standard scale]; or both.
[F51 Section 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 [F4 level 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 [F4 level 5 on the standard scale]; or both.
[F52 Section 30D(3)]...	Failing to surrender certificate on revocation.	Summary ... ...	A fine of [F4 level 3 on the standard s cale].
F53 . . .	F53 . . .	F53 . . .	F53 . . .
F53 . . .	F53 . . .	F53 . . .	F53 . . .
Section 38(8) ...	Failure to surrender certificate of registration [F54 or register of transactions] on removal of firearms dealer’s name from from register.	Summary ... ...	A fine of [F4 level 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 [F4 level 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 [F4 level 5 on the standard scale]; or both.
Section 39(3) ...	Non-compliance with condition of registration.	Summary ...	6 months or a fine of [F4 level 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 [F4 level 5 on the standard scale]; or both.
F55 . . .	F55 . . .	F55 . . .	F55 . . .
		F55 . . .	F55 . . .
[F56 Section 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.]
[F57 Section 46.]	[F57 Obstructing constable or civilian officer in exercise of search powers.]	[F57 Summary.]	[F57 6 months or a fine of level 5 on the standard scale; or both.]
F57 Section 47(2) ...	Failure to hand over firearm or ammunition on demand by constable.	Summary ...	3 months or a fine of [F4 level 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 [F4 level 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 [F4 level 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 [F4 level 3 on the standard scale].

Textual Amendments

F1 Words substituted by Criminal Justice Act 1972 (c. 71), ss. 28(1)(5), 66(7)(a)

F2 Sch. 6 Pt. I: words in column 4 of entry relating to s. 1(1) substituted (3.2.1995) by Criminal Justice and Public Order Act 1994 (c. 33), s. 157(3)(9), Sch. 8 Pt. III; S.I. 1995/127, art. 2(1), Sch. 1

F3 Sch. 6 Pt. I: words in column 4 of entry relating to s. 1(1) substituted (3.2.1995) by Criminal Justice and Public Order Act 1994 (c. 33), s. 157(3)(9), Sch. 8 Pt. III; S.I. 1995/127, art. 2(1), Sch. 1

F4 Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G

F5 Words substituted by Criminal Justice Act 1988 (c. 33, SIF 39:1), ss. 44(2)(4), 123(6), Sch. 8 para. 16

F6 Sch. 6 Pt. I: words in column 4 of entry relating to s. 2(1) substituted (3.2.1995) by Criminal Justice and Public Order Act 1994 (c. 33), s. 157(3)(9), Sch. 8 Pt. III; S.I. 1995/127, art. 2(1), Sch. 1

F7 Sch. 6 Pt. I: words in column 4 of entry relating to s. 3(1) substituted (3.2.1995) by Criminal Justice and Public Order Act 1994 (c. 33), s. 157(3)(9), Sch. 8 Pt. III; S.I. 1995/127, art. 2(1), Sch. 1

F8 Sch. 6 Pt. I: words in column 4 of entry relating to s. 3(2) substituted (3.2.1995) by Criminal Justice and Public Order Act 1994 (c. 33), s. 157(3)(9), Sch. 8 Pt. III; S.I. 1995/127, art. 2(1), Sch. 1

F9 Sch. 6 Pt. I: words in column 4 of entry relating to s. 3(3) substituted (3.2.1995) by Criminal Justice and Public Order Act 1994 (c. 33), s. 157(3)(9), Sch. 8 Pt. III; S.I. 1995/127, art. 2(1), Sch. 1

F10 Sch. 6 Pt. I: words in column 4 of entry relating to s. 3(5) substituted (3.2.1995) by Criminal Justice and Public Order Act 1994 (c. 33), s. 157(3)(9), Sch. 8 Pt. III; S.I. 1995/127, art. 2(1), Sch. 1

F11 Words substituted by Criminal Justice Act 1972 (c. 71), ss. 28(1)(4), 66(7)(a)

F12 Words in Sch. 6 Pt. 1 inserted (10.4.2017) by The Air Weapons and Licensing (Scotland) Act 2015 (Consequential Provisions) Order 2017 (S.I. 2017/452), arts. 1(2), 2(3)

F13 Sch. 6 Pt. I: words in column 4 of entry relating to s. 4(1)(3) substituted (3.2.1995) by Criminal Justice and Public Order Act 1994 (c. 33), s. 157(3)(9), Sch. 8 Pt. III; S.I. 1995/127, art. 2(1), Sch. 1

F14 Sch. 6 Pt. 1: entries relating to s. 5(1)(1A) substituted (22.1.2004) by Criminal Justice Act 2003 (c. 44), ss. 288, 336; S.I. 2004/81, art. 3(2)(b)

F15 Words in Sch. 6 Pt. 1 inserted (16.5.2019) by Offensive Weapons Act 2019 (c. 17), ss. 54(7)(a), 70(5)(g)

F16 Words in Sch. 6 Pt. I omitted (14.7.2014) by virtue of Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 108(7)(a), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 6(a)

F17 Words in Sch. 6 Pt. I omitted (14.7.2014) by virtue of Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 108(7)(b), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 6(a)

F18 Words in Sch. 6 Pt. I omitted (14.7.2014) by virtue of Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 108(7)(c), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 6(a)

F19 Words in Sch. 6 Pt. I omitted (14.7.2014) by virtue of Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 108(7)(d), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 6(a)

F20 Words in Sch. 6 Pt. I inserted (14.7.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 108(8), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 6(a)

F21 Words substituted by Firearms (Amendment) Act 1988 (c. 45, SIF 51:1), s. 23(7)

F22 Words substituted by Criminal Justice Act 1972 (c. 71), ss. 28(1)(2), 66(7)(a)

F23 Words repealed by Criminal Justice Act 1972 (c. 71), ss. 28(6), 66(7)(a), Sch. 6 Pt. II

F24 Sch. 6 Pt. I: entry relating to s. 16A inserted (21.9.1994) by 1994 c. 31, ss. 1(2), 4(2) (with s. 4(3))

F25 Words substituted by Criminal Justice Act 1988 (c. 33, SIF 39:1), ss. 44(3)(4), 123(6), Sch. 8 para. 16

F26 Sch. 6 Pt. I: words in column 2 of entry relating to s. 19 substituted (20.1.2004) by Anti-social Behaviour Act 2003 (2003 c. 38), ss. 37(2)(a), 93; S.I. 2003/3300, art. 2(c)(i)

F27 Sch. 6 Pt. I: words inserted (6.4.2007) by Violent Crime Reduction Act 2006 (c. 38), ss. 30(4), 66(2); S.I. 2007/858, art. 2(d)

F28 Words in Sch. 6 Pt. 1 substituted (14.7.2021) by Offensive Weapons Act 2019 (c. 17), ss. 54(7)(b), 70(1); S.I. 2021/819, reg. 2(f)

F29 Sch. 6 Pt I: words omitted (1.10.2007) by virtue Violent Crime Reduction Act 2006 (c. 38), ss. 41(1)(a), 66(2); S.I. 2007/2518, art. 2

F30 Sch. 6 Pt. I: words in column 3 of entry relating to s. 19 substituted (3.2.1995) by Criminal Justice and Public Order Act 1994 (c. 33), ss. 157(3)(9), 172(2), Sch. 8 Pt. III; S.I. 1995/127, art. 2(1), Sch. 1

F31 Sch. 6 Pt. I: words in entry relating to s. 20(1) inserted (21.9.1994) by 1994 c. 31, ss. 2(3)(a), 4(2) (with s. 4(3))

F32 Words in Sch. 6 Pt. 1 substituted (14.7.2021) by Offensive Weapons Act 2019 (c. 17), ss. 54(7)(c), 70(1); S.I. 2021/819, reg. 2(f)

F33 Sch. 6 Pt. I: words in column 4 of entry relating to s. 20(1) substituted (3.2.1995) by Criminal Justice and Public Order Act 1994 (c. 33), s. 157(3)(9), Sch. 8 Pt. III; S.I. 1995/127, art. 2(1), Sch. 1

F34 Sch. 6 Pt. I: words in entry relating to s. 20(2) inserted (21.9.1994) by 1994 c. 31, ss. 2(3)(b), 4(2) (with s. 4(3))

F35 Sch. 6 Pt. I: words in column 4 of entry relating to s. 21(4) substituted (3.2.1995) by Criminal Justice and Public Order Act 1994 (c. 33), s. 157(3)(9), Sch. 8 Pt. III; S.I. 1995/127, art. 2(1), Sch. 1

F36 Sch. 6 Pt. I: words in column 4 of entry relating to s. 21(5) substituted (3.2.1995) by Criminal Justice and Public Order Act 1994 (c. 33), s. 157(3)(9), Sch. 8 Pt. III; S.I. 1995/127, art. 2(1), Sch. 1

F37 Sch 6 Pt I: entry inserted (1.10.2007) by Violent Crime Reduction Act 2006 (c. 38), ss. 34(4), 66(2); S.I. 2007/2180, art. 3(d)

F38 Words in Sch. 6 Pt. 1 substituted (S.) (31.12.2016) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), s. 88(2), sch. 2 para. 1(10)(a)(i); S.S.I. 2016/130, art. 3(c)

F39 Words in Sch. 6 Pt. I substituted (28.7.2010) by Firearms (Amendment) Regulations 2010 (S.I. 2010/1759), regs. 1(2), 2(7)(a)

F40 Sch. 6 Pt. I: the entry relating to s. 22(1A) inserted (1.1.1993) by S.I. 1992/2823, reg. 4(4).

F41 Words in Sch. 6 Pt. 1 repealed (S.) (31.12.2016) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), s. 88(2), sch. 2 para. 1(10)(a)(ii); S.S.I. 2016/130, art. 3(c)

F42 Sch. 6 Pt. I: words in entry substituted (1.10.2007) by Violent Crime Reduction Act 2006 (c. 38), ss. 33(6)(b), 66(2); S.I. 2007/2180, art. 3(c)

F43 Sch. 6 Pt. I: entry relating to s. 22(5) repealed (20.1.2004) by Anti-social Behaviour Act 2003 (c. 38), ss.38(5)(b), 92, 93, Sch. 3; S.I. 2003/3300, art. 2(c)(ii)(g)(ii)(a)

F44 Words in Sch. 6 Pt. 1 repealed (S.) (31.12.2016) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), s. 88(2), sch. 2 para. 1(10)(a)(iii); S.S.I. 2016/130, art. 3(c)

F45 Sch. 6 Pt I: words in entry substituted (1.10.2007) by Violent Crime Reduction Act 2006 (c. 38), ss. 34(5), 66(2); S.I. 2007/2180, art. 3(d)

F46 Sch. 6 Pt I: entry repealed (1.10.2007) by Violent Crime Reduction Act 2006 (c. 38), ss. 65, 66(2), Sch. 5; S.I. 2007/2180, art. 4(f)(i)

F47 Words in Sch. 6 Pt. I substituted (28.7.2010) by Firearms (Amendment) Regulations 2010 (S.I. 2010/1759), regs. 1(2), 2(7)(b)

F48 Sch. 6 Pt. I: word in entry substituted (1.10.2007) by Violent Crime Reduction Act 2006 (c. 38), ss. 33(6)(d), 66(2); S.I. 2007/2180, art. 3(c)

F49 Words in Sch. 6 Pt. I inserted (10.2.2011) by Crime and Security Act 2010 (c. 17), ss. 46(4), 59(1); S.I. 2011/144, art. 2

F50 Sch. 6 Pt I: entry inserted (1.10.2007) by Violent Crime Reduction Act 2006 (c. 38), ss. 40(2), 66(2); S.I. 2007/2180, art. 3(i)

F51 Sch. 6 Pt. I: words "Section 28A(7)" substituted for the words "Section 26(5)" (1.7.1997) by 1997 c. 5, s. 52(1), Sch. 2 para. 4(2); S.I. 1997/1535, art. 3(b), Sch. Pt. I

F52 Sch. 6 Pt. I: words "Section 30D(3)" substituted for words "Section 30(4)" (1.7.1997) by 1997 c. 5, s. 52(1), Sch. 2 para. 14; S.I. 1997/1535, art. 3(b), Sch. Pt. I

F53 Words in Sch. 6 Pt. 1 omitted (31.12.2020) by virtue of The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 59(12); 2020 c. 1, Sch. 5 para. 1(1)

F54 Words inserted by Firearms (Amendment) Act 1988 (c. 45, SIF 51:1), s. 14(1)

F55 Sch. 6 Pt. I: entry relating to s. 42 repealed (1.10.1997) by 1997 c. 5, s. 52(1), Sch. 3; S.I. 1997/1535, art. 3(c), Sch. Pt. II

F56 Sch. 6 Pt. I: the entry relating to s. 42A inserted (1.1.1993) by S.I. 1992/2823, reg. 6(3).

F57 Sch. 6 Pt. I: entry relating to s. 46 inserted (1.7.1997) by 1997 c. 5, s. 43(3); S.I. 1997/1535, art. 3(b), Sch. Pt. I

Part II E+W+S Supplementary Provisions as to Trial and Punishment of offences

1 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F58

Textual Amendments

F58 Sch. 6 Pt. II para. 1 repealed by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), s. 83(3), Sch. 8

2 E+W+S 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.

[F59 3 [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 [F61 Schedule 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. E+W+S

(2) Subject to the following sub-paragraph the court shall proceed as if the listed offence were triable only on indictment and [F62 sections 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 [F63 the 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 [F63 section 25(3) and (4) of the said Act of 1980] to change to summary trial with the accused’s consent.]]

Textual Amendments

F59 Para. 3 substituted by Criminal Law Act 1977 (c. 45), Sch. 12

F60 Sch. 6 para. 3 repealed (18.6.2012 for specified purposes, 5.11.2012 for specified purposes, 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 3 para. 45, Sch. 37 Pt. 4; S.I. 2012/1320, art. 4(1)(c)(d)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4); S.I. 2012/2574, art. 2(2)(3)(c)(d), Sch. (with arts. 3 4) (as amended (4.11.2012) by S.I. 2012/2761, art. 2) (with S.I. 2013/1103, art. 4); S.I. 2013/1103, art. 2(1)(c)(d)(2)(3) (with arts. 3 4)

F61 Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154, Sch. 7 para. 73(a)

F62 Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154, Sch. 7 para. 73(b>)

F63 Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154, Sch. 7 para. 73(c)

Modifications etc. (not altering text)

C2 Sch. 6 Pt. II para. 3(1) extended (E.W.) by Criminal Attempts Act 1981 (c. 47, SIF 39:1), s. 7(2)

4 E+W+S 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 E+W+S 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 E+W+S 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 E+W+S The court by which a person is convicted of an offence under section [F64 [F65 21A,][F66 22(4), 23(1)] [F65 21A(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.

Textual Amendments

F64 Words in Sch. 6 Pt. 2 para. 7 inserted (1.10.2007) by Violent Crime Reduction Act 2006 (c. 38), s. 34(6)(a), 66(2); S.I. 2007/2180, art. 3(d)

F65 Words in Sch. 6 para. 7 substituted (S.) (31.12.2016) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), s. 88(2), sch. 2 para. 1(10)(b)(i); S.S.I. 2016/130, art. 3(c)

F66 Words in Sch. 6 Pt. 2 para. 7 substituted (20.1.2004) by Anti-social Behaviour Act 2003 (c. 38), ss.38(6)(a), 93; S.I. 2003/3300, art. 2(c)(ii)

F67 Words in Sch. 6 Pt. 2 para. 7 repealed (1.10.2007) by Violent Crime Reduction Act 2006 (c. 38), s. 65, 66(2), Sch. 5; S.I. 2007/2180, art. 4(f)(i)

F68 Words in Sch. 6 para. 7 substituted (10.2.2011) by Crime and Security Act 2010 (c. 17), ss. 46(5), 59(1); S.I. 2011/144, art. 2

8 E+W+S The court by which a person is convicted of an offence under section [F69 [F70 21A,][F71 22(3) or (4), 23(1)] [F70 21A(1), 21A(1A), 22(3),] F72 . . . ] [F73 , 24(4) or 24ZA(1)] may make such order as it thinks fit as to the forfeiture or disposal of any firearm or ammunition found in his possession.

Textual Amendments

F69 Words in Sch. 6 Pt. 2 para. 8 inserted (1.10.2007) by Violent Crime Reduction Act 2006 (c. 38), ss. 34(6)(b), 66(2); S.I. 2007/2180, art. 3(d)

F70 Words in Sch. 6 para. 8 substituted (S.) (31.12.2016) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), s. 88(2), sch. 2 para. 1(10)(b)(ii); S.S.I. 2016/130, art. 3(c)

F71 Words in Sch. 6 Pt. 2 para. 8 substituted (20.1.2004) by Anti-social Behaviour Act 2003 (c. 38), ss. 38(6)(b), 93; S.I. 2003/3300, art. 2(c)(ii)

F72 Words in Sch. 6 Pt. 2 para. 8 repealed (1.10.2007) by Violent Crime Reduction Act 2006 (c. 38), ss. 65, 66(2), Sch. 5; S.I. 2007/2180, art. 4(f)(i)

F73 Words in Sch. 6 para. 8 substituted (10.2.2011) by Crime and Security Act 2010 (c. 17), ss. 46(5), 59(1); S.I. 2011/144, art. 2

9 E+W+S 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.