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Firearms Act 1968
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- 1968 c. 27
- Part III
- Section 51
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Firearms Act 1968, Section 51 is up to date with all changes known to be in force on or before 13 November 2024. 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.
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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
- Act amended by 1997 c. 5 s. 12(2) (This amendment not applied to legislation.gov.uk. S. 12 was repealed (17.12.1997) by 1997 c. 64, s. 2(7), Sch.; S.I. 1997/3114, art. 3, Sch. Pt. I)
- Blanket amendment words substituted by S.I. 2011/1043 art. 3 4
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 3A inserted by 2023 c. 49 s. 2
- s. 11(3A)-(4A) substituted for s. 11(4) by 2023 c. 49 s. 1(2)
- s. 51(2A) added by 1997 c. 48 s. 62(1) Sch. 1 para. 3
51 Prosecution and punishment of offences.E+W+S
(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.
(4)Notwithstanding [F1section 127(1) of the Magistrates’ Courts Act 1980] or [F2section 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.
Textual Amendments
F1Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154, Sch. 7 para. 72
F2Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21), s. 460(1)(b)
Modifications etc. (not altering text)
C1S. 51(4) applied by Firearms (Amendment) Act 1988 (c. 45, SIF 51:1), s. 25(5)
C2S. 51(4) extended (1.7.1997) by 1997 c. 5, s. 50(4); S.I. 1997/1535, art. 3(b), Sch. Pt. I
C3S. 51(4) applied with modifications (6.4.2007) by 2006 c. 38, ss. 50(3)(b), 66(2); S.I. 2007/858, art. 2(h)(ii)
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