New sentencing guideline for unlawful importation of firearms published
A new guideline for sentencing offenders convicted of importing prohibited or restricted firearms in England and Wales was published by the Sentencing Council today following consultation. The new guideline, which applies to adult offenders, will come into effect on 1 January 2022.
The guideline was developed following requests from the National Crime Agency and the Crown Prosecution Service, and feedback from judges, asking the Council to develop a specific guideline for unlawful importation of firearms offences.
These offences can be serious and complex but are not frequently prosecuted. The new guideline will enable courts to take a consistent approach to sentencing offences they do not routinely see.
The sentences imposed under the guideline depend on a number of factors, including the type of firearm imported, the role of the offender and the scale and nature of the importation. The most serious cases involving lethal weapons will be sentenced in the Crown Court. Less serious cases, typically involving importation of a stun gun with no criminal intent, may be sentenced in magistrates’ courts.
The guideline covers two offences under the Customs and Excise Management Act (CEMA)1979: sections 50 (improper importation of goods) and 170 (fraudulent evasion of prohibition / restriction). The guideline refers to types of weapons listed under sections 1, 5(1) and 5(1A) of the Firearms Act 1968.