Section 17 Firearms Act 1968
Date Updated: January 2012
Title: Firearms
Offence: Use of firearm to resist arrest.
- It is an offence for a person to make or attempt to make any use whatsoever of a firearm or imitation firearm with intent to resist or prevent the lawful arrest or detention of himself or another person.
- If a person, at the time of his committing or being arrested for an offence specified in Schedule 1 to this Act, has in his possession a firearm or imitation firearm, he shall be guilty of an offence under this subsection unless he shows that he had it in his possession for a lawful object.
Legislation: section 17 Firearms Act 1968
Commencement Date: 1st April 1991
Mode of Trial: Indictable only
Statutory Limitations & Maximum Penalty:
- Serious Specified offence under CJA 2003
- Life imprisonment
- From 6 April 2007, VCRA 2006 s30(2)(b)(iii) imposes a minimum term in accordance with s51A FA 1968 if the weapon used is prohibited under 5(1)(a), (ab), (aba), (ac), (ad), (ae), (af) or (c) or section 5(1A)(a) of the FA 68
Note also Firearms (Sentencing) (Transitory Provisions Order) 2007 (S.I 2007 No. 1324) which states that if the offender is aged at least 18 but under 21 when convicted, the "appropriate custodial sentence" means a sentence of detention under s96 PCC(S)A 2000 but only for offences committed on or after 28 May 2007
Relevant Sentencing Guidelines
R v Avis [1998] 1 Cr.App.R. 420, CA.
The sentencing court should usually ask itself four questions:
- What sort of weapon was involved? Genuine firearms were more dangerous than imitation firearms; loaded firearms were more dangerous than unloaded firearms. Unloaded firearms for which ammunition was available were more dangerous than firearms for which no ammunition was available. Possession of a firearm for which there was no lawful use (such as a sawn-off shotgun) would be viewed more seriously than possession of a firearm which was capable of lawful use.
- What use had been made of the firearm? It was necessary for the court to take account of all the circumstances surrounding the use of the firearm: the more prolonged and premeditated and violent the use, the more serious the offence was likely to be.
- With what intention (if any) did the defendant possess or use the firearm? The most serious offences under the Act required proof of a specific intent. The more serious the act intended, the more serious the offence.
- What was the defendant's record? The seriousness of any firearms offence was inevitably increased if the offender had an established record of committing firearms offences or crimes of violence.
Relevant Sentencing Case Law
Section 17(1)
R v Duffy [2005] 1 Cr. App.R. (S) 373
D pleaded guilty to s17(1) offence and threats to kill. D produced gun out of a window and threatened to shoot Police. Also produced a can of petrol and threatened to burn house down. Siege lasted some 8 hours. D had previous convictions for violence. 5 years held to be the appropriate sentence
R v Bennett [2006] 2 Cr.App.R.(S) 479
D pleaded guilty to possession of firearm with intent to commit an indictable offence, namely to resist arrest. Stopped in a car park by Police. Violent struggle and during search a ME38 revolver with 5 rounds of live ammunition found. IPP appropriate sentence but reduced from 10 years notional period to 6 years
Section 17(2)
R v Thomas (2000) 2 Cr.App.R.(S) 155
Defendant stole a bag from a reception area and was chased. On arrest had an imitation weapon in his waistband s17(2). 15 months for firearm and 3 months consecutive for theft.
Att.Gen's Ref. No 47 of 2006 [2007] 1 Cr.App.R. (S) 361
D pleaded guilty to s17 offence and two s20 woundings. He fired an air rifle into the street 6-9 times in the early hours. A passer by was hit in her shoulder. Another was hit twice in the back. Wounds described as superficial but caused pain and bleeding. At trial sentence would have been 12-15 months. Owing to plea and that it was an AG's Ref 6 months imprisonment passed.
Ancillary Orders:
- Forfeiture orders
- Destruction orders
Consider Also:
- Dangerous offender provisions
