Possession of Firearm by Person Prohibited (Section 21 Firearms Act 1968)

Possession of Firearm by Person Prohibited is an offence under s.21(4) Firearms Act 1968, which makes it an offence to contravene any of the foregoing provisions of s.21. A person sentenced to custody for life, preventive detention, imprisonment, corrective training, youth custody or detention in a young offender institution for a term of three years or more shall not at any time have a firearm or ammunition in his possession (s.21(1)); a person sentenced to imprisonment, youth custody or detention in a young offender institution for three months or more but less than three years, or subject to a secure training order or a detention and training order, shall not have a firearm or ammunition in his possession before the expiration of five years from the date of his release (s.21(2), with "the date of his release" defined in s.21(2A)). The prohibition also covers a person given a suspended sentence of imprisonment or detention in a young offender institution of three months or more, for five years beginning with the second day after the sentence is passed (s.21(2C)), a person holding a licence under s.53 Children and Young Persons Act 1933, or subject to a recognizance or community order with a condition not to possess, use or carry a firearm (s.21(3)), and a person prohibited in Northern Ireland (s.21(3A)). It is a separate offence under s.21(5) to sell or transfer a firearm or ammunition to, or to repair, test or prove a firearm or ammunition for, a person whom he knows or has reasonable ground for believing to be so prohibited. Maximum sentence for both s.21(4) and s.21(5): on conviction on indictment, 5 years or a fine, or both; on summary conviction, 6 months or a fine of £400, or both, as the text of Schedule 6, Part I reads. A prohibited person may apply to the Crown Court for a removal of the prohibition (s.21(6)).

In practice

This is an either-way offence: it may be tried at the magistrates' court or the Crown Court. Mode of trial depends on the seriousness and the defendant's election. 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).