Point in time view as at 16/05/2019.
Firearms Act 1968, Section 44 is up to date with all changes known to be in force on or before 09 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
(1)An appeal against a decision of a chief officer of police under section 28A, 29, 30A, 30B, 30C, 34, 36, 37 or 38 of this Act lies—
(a)in England and Wales, to the Crown Court; and
(b)in Scotland, to the sheriff.
(2)An appeal shall be determined on the merits (and not by way of review).
(3)The court or sheriff hearing an appeal may consider any evidence or other matter, whether or not it was available when the decision of the chief officer was taken.
[F2(3A)The court or sheriff hearing an appeal must have regard to any guidance issued under section 55A that is relevant to the appeal.]
(4)In relation to an appeal specified in the first column of Part I of Schedule 5 to this Act, the third column shows the sheriff having jurisdiction to entertain the appeal.
(5)In Schedule 5 to this Act—
(a)Part II shall have effect in relation to appeals to the Crown Court; and
(b)Part III shall have effect in relation to appeals to the sheriff.]
Textual Amendments
F1S. 44 substituted (1.7.1997) by 1997 c. 5, s. 41(1); S.I. 1997/1535, art. 3(b), Sch. Pt. I
F2S. 44(3A) inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 133(3), 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 32
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.
