Commentary on Sections Part 12 - Sentencing Chapter 8: Other Provisions about sentencing Section 287: Minimum sentence for certain firearms offences
632.This section inserts a new section 51A into the Firearms Act 1968 (“the 1968 Act”) to provide a new minimum custodial sentence for unauthorised possession of certain types of firearm.
633.Subsection(1) of the new section 51A sets out the particular offences which will attract the new minimum sentence, and applies it to persons aged 16 or over when the offence was committed. Under subsection (5) the minimum is fixed at five years for persons aged 18 or over (in England and Wales) or aged 21 or over (in Scotland) when the offence was committed, and three years for persons aged under 18 (in England and Wales) or aged under 21 (in Scotland).
634.Undersubsection (2) courts will be required to impose the minimum sentence, unless there are exceptional circumstances relating to the offence or offender which justify not doing so. Examples of exceptional circumstances might be where the holder of a firearms certificate inadvertently forgets to renew his authority or where a war trophy is discovered among a deceased person’s effects.