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Chapter 14

Para 14.9  When the Violent Crime Reduction Act 2006, s 30 is brought into force, the Firearms Act 1968 (FiA 1968) will be amended so that FiA 1968, s 51A (minimum sentences, see para 14.6, note 29  of the text) will apply in respect of any offence under FiA 1968, s 16 committed in respect of a prohibited firearm or ammunition specified in FiA 1968, s 5(1) (see para 14.6 of the text), other than a prohibited weapon designed or adapted for the discharge of any noxious liquid, gas or other thing, or a firearm which is a prohibited weapon under s 5(1A) by virtue of the fact that it is disguised as another object.

Para 14.10  When the Violent Crime Reduction Act 2006, s 30 is brought into force, the Firearms Act 1968 (FiA 1968) will be amended so that FiA 1968, s 51A (minimum sentences, see para 14.6, note 29 of the text) will apply in respect of any offence under FiA 1968, s 16A committed in respect of a prohibited firearm or ammunition specified in FiA 1968, s 5(1) (see para 14.6 of the text), other than a prohibited weapon designed or adapted for the discharge of any noxious liquid, gas or other thing, or a firearm which is a prohibited weapon under s 5(1A) by virtue of the fact that it is disguised as another object.

Paras 14.11 and 14.12  When the Violent Crime Reduction Act 2006, s 30 is brought into force, the Firearms Act 1968 (FiA 1968) will be amended so that FiA 1968, s 51A (minimum sentences, see para 14.6, note 29 of the text) will apply in respect of any offence under FiA 1968, s 17 committed in respect of a prohibited firearm or ammunition specified in FiA 1968, s 5(1) (see para 14.6 of the text), other than a prohibited weapon designed or adapted for the discharge of any noxious liquid, gas or other thing, or a firearm which is a prohibited weapon under s 5(1A) by virtue of the fact that it is disguised as another object.

Para 14.13  When the Violent Crime Reduction Act 2006, s 30 is brought into force, the Firearms Act 1968 (FiA 1968) will be amended so that FiA 1968, s 51A (minimum sentences, see para 14.6, note 29 of the text) will apply in respect of any offence under FiA 1968, s 18 committed in respect of a prohibited firearm or ammunition specified in FiA 1968, s 5(1) (see para 14.6 of the text), other than a prohibited weapon designed or adapted for the discharge of any noxious liquid, gas or other thing, or a firearm which is a prohibited weapon under s 5(1A) by virtue of the fact that it is disguised as another object.

Para 14.14  When the Violent Crime Reduction Act 2006 (VCRA 2006), s 30 is brought into force, the Firearms Act 1968 (FiA 1968) will be amended so that FiA 1968, s 51A (minimum sentences, see para 14.6, note 29 of the text) will apply in respect of any offence under FiA 1968, s 19 committed in respect of a prohibited firearm or ammunition specified in FiA 1968, s 5(1) (see para 14.6 of the text), other than a prohibited weapon designed or adapted for the discharge of any noxious liquid, gas or other thing, or a firearm which is a prohibited weapon under s 5(1A) by virtue of the fact that it is disguised as another object.

When the VCRA 2006, s 41 is brought into force, the exception whereby an offence under FiA 1968, s 19 committed in respect of an imitation firearm or air weapon is triable only summarily will be abolished; henceforth such an offence will be triable either way, like any other offence under FiA 1968, s 19, but the maximum punishment on conviction on indictment in respect of an imitation firearm will be twelve months, and not seven years as is the case in respect of any other firearm.

Para 14.15  As to ‘public place’ see para 14.24 below.

Para 14.18  Further authority for the statement that it a question of fact whether an article is adapted to cause injury to the person is provided by Sills v DPP [2006] All ER (D) 165, where D had had with him the thicker half of a pool cue which had been detached from its counterpart. It was argued that the cue was not adapted for causing injury because it was designed to be unscrewed. It was held that whether the cue was capable of being an offensive weapon was a question of fact.

Para 14.24, note 147  The definition of public place in the Criminal Justice Act 1988, s 139(7) was considered in Harriot v DPP [2006] Crim LR 440, DC, where the issue was whether the forecourt of a bail hostel was a public place within s 139(7). The hostel was in multi-occupation. It was set well back from the road with an extensive open area in front with no barrier preventing or impeding access to the front area. There were no notices or signs prohibiting or restricting access.

The Divisional Court held that the principle which ran through all the authorities was that land might be either on the face of it public or on the face of it private land: a street would be an example of the former, the front garden or front area of a private dwelling an example of the latter. In the latter case, however, it was also clear that the ostensibly private character of the land might be negated by evidence that the public, that was to say anyone who wanted to, did in fact have access to it, whether by permission or not. Further, a public place did not have a different meaning depending on whether the charge was driving a motor vehicle there, being drunk or disorderly there, or carrying a bladed article there. It would be disruptive of legal certainty if a phrase used repeatedly by Parliament, albeit for different purposes, were to be given different meanings. On the other hand, it was plain that a public place was not a term of legal art and that the statutory definition in CJA 1988, s 139 was illustrative and not exhaustive. It followed that the tribunal of fact had a certain margin of judgment within which to reach a conclusion as to whether the offence charged occurred in a public place, although that conclusion was fairly tightly bounded by law.

On the facts of the case, the open area between the bail hostel building and the road was, on the face of it, part of private premises. There was no evidence that public access to it was either invited or tolerated. The fact that access from the street was unimpeded, whether physically or by notices, was not enough to turn a private place into a place to which the public had access.

Paras 14.24 and 14.26  When the Violent Crime Reduction Act 2006, s 42 is brought into force, the maximum imprisonment on conviction on indictment for an offence contrary to the Criminal Justice Act 1988, s 139 or s 139A will be increased from two to four years.