Section 20 Firearms Act 1968

Date Updated: January 2012

Title: Firearms

Offence: Trespassing with firearm.

A person commits an offence if, while he has a firearm [or imitation firearm] with him, he enters or is in any building or part of a building as a trespasser and without reasonable excuse (the proof whereof lies on him).
A person commits an offence if, while he has a firearm [or imitation firearm] with him, he enters or is on any land as a trespasser and without reasonable excuse (the proof whereof lies on him).
In subsection (2) of this section the expression "land" includes land covered with water.

Legislation: section 20 Firearms Act 1968

Commencement Date: 21 September 1994

Mode of Trial: TEW/SO see below

Statutory Limitations & Maximum Penalty:

TEW unless imitation or air weapon - 7 years
SO - 6 months
From 6 April 2007, in relation to s20(1) only 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

Relevant sentencing Guidelines (If any)

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.