Section 18 Firearms Act 1968
Date Updated: January 2012
Title: Firearms
Offence: Carrying firearm with criminal intent.
- It is an offence for a person to have with him a firearm or imitation firearm with intent to commit an indictable offence, or to resist arrest or prevent the arrest of another, in either case while he has the firearm or imitation firearm with him.
Legislation: Section 18 Firearms Act 1968
Mode of Trial: Indictable only
Statutory Limitations and 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.
In addition, where there are offences of s18 committed, the custodial term is likely to be of considerable length and where the four questions cited above yield answers adverse to the offender, terms at or approaching the maximum may, in the event of a trial, be appropriate
Relevant Sentencing Case Law
R v Charles [2006] 1 Cr.App.R.(S) 265
D pleaded guilty, albeit late, to s18 wounding and possession of a firearm with intent to commit an indictable offence. D's girlfriend had collided with the victim in road traffic incident. D became involved and produced a semi automatic handgun and fired, from two feet, into the forehead of the victim. Suffered a jagged forehead wound. D gave false alibi. The gun was a converted blank firing pistol. Court held that the lack of life threatening or very serious injury was fortunate and not a matter of real significance. 14 years reduced to 12 years
Ancillary Orders:
- Forfeiture orders
- Destruction orders
