13 Reasons Why – 13 offences over 13 days – 11. Possession of an Imitation Firearm

Post by: 13/05/2017 0 comments 1857 views

13 Reasons Why is currently making waves as a much watch Netflix Original Series. But would you believe that there are at least 13 offences committed throughout the 13 episodes? Over the next 3 days I will be continuing to post blogs about the 13 different offences I have found and what could happen should you be arrested or charged with them.

The Sentencing Council website can be found here.

For more information regarding this blog please see the Firearms section of The Crown Prosecution Service here.

11. Possession of an Imitation Firearm (Section 19 of the Firearms Act 1968)

An imitation firearm means:-

 

“anything which has the appearance of being a firearm (other than such a weapon as is mentioned in section 5(1) (b) of this Act), whether or not it is capable of discharging any shot, bullet or other missile.”

 

This offence is an Either Way offence which means that it can be heard in either the Magistrates Court or the Crown Court. If the firearm is in fact real and not an imitation it is extremely likely that the matter would be allocated to the Crown Court.

One of the things that the Magistrates will need to ascertain is whether the imitation firearm could be preceived as a real firearm or if it can be readily converted into a weapon from which a shot, bullet or other missile can be discharged. If this is the case, the Court will treat it as a Section 1 of the Firearms Act 1968 offence which is Indictable Only and means that the matter will be allocated to the Crown Court for Trial or Sentencing. This will mean that the sentence imposed will be more severe.

For Possession of an Imitation Firearm, the maximum sentence that can be imposed is one of a Level 5 fine and/or 6 months’ imprisonment if tried Summarily or up to 12 months’ imprisonment if tried on Indictment. You could be made subject of Community Orders and have to undertake up to 300 hours unpaid work. An early guilty plea will mean that you can receive maximum credit and have the sentence reduced.

Being an imprisonable offence means that there is the chance of being eligible for Legal Aid. This means that any representation at the Magistrates Court or the Crown Court could be at no cost to the Defendant as all costs incurred will be met from public funds. (This does depend on the Defendant’s income and financial circumstances). You may need to pay a contribution towards Legal Aid in the Crown Court.

Help

 We at Ringrose Law understand how worrying it can be if you are arrested in relation to any offence. We would always recommend that you obtain Legal Representation if you are arrested or interviewed. You are entitled to free and independent Legal advice at the Police Station.

Contact our Criminal Defence team who will be able to represent you at the Police Station on any matter, covered by the Legal Aid Agency’s Advice and Assistance Scheme. We have offices in Boston, Lincoln, Spalding, Sleaford, Grantham and Newark.

Prev: Drink Driving (Section 4(1) of the Road Traffic Act 1988)

Next: Perverting the Course of Justice (Section 1 of the Perjury Act 1911)

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