Possession with Intent to Cause Fear of Violence (Section 16A Firearms Act 1968)

Possession with Intent to Cause Fear of Violence is an offence under s.16A Firearms Act 1968. It is an offence for a person to have in his possession any firearm or imitation firearm with intent by means thereof to cause, or to enable another person by means thereof to cause, any person to believe that unlawful violence will be used against him or another person (s.16A). Maximum sentence: on conviction on indictment, 10 years 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. 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).