Possession of Firearm with Intent to Endanger Life (Section 16 Firearms Act 1968)

Possession of Firearm with Intent to Endanger Life is an offence under s.16 Firearms Act 1968. It is an offence for a person to have in his possession any firearm or ammunition with intent by means thereof to endanger life or cause serious injury to property, or to enable another person by means thereof to endanger life or cause serious injury to property, whether any injury to person or property has been caused or not (s.16). Maximum sentence: on conviction on indictment, life imprisonment or a fine, or both (Schedule 6, Part I); the offence is triable only on indictment. Section 51A(6) states that for the minimum sentence for certain offences under the Act where an individual is convicted in England and Wales, see section 311 of the Sentencing Code.

In practice

This is an indictable-only offence: it must be tried at the Crown Court. The charging decision rests with the CPS (not police). Firearms must be made safe by a trained officer before being handled. Continuity of the exhibit from scene to storage is essential. Check the National Firearms Licensing Management System for any certificates or previous incidents. The suspect must be cautioned in accordance with Code C PACE 1984 before any questions about the offence are put to them. Interviews must be audio-recorded (Code E) or, for indictable offences, may be visually recorded (Code F).