The Sentencing Council developed the guideline, for adult offenders convicted of importing prohibited or restricted firearms in England and Wales, following requests from the National Crime Agency and the Crown Prosecution Service, and feedback from judges. Such offences are not frequently prosecuted―about 40 offenders were sentenced in 2020―but can be serious and complex. The Sentencing Council said the guideline would help courts take a consistent approach to sentencing offences they do not routinely see.
The sentences imposed, ranging from a fine to 28 years in prison, will be dependent on various factors, including type of firearm, role of the offender and 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.
Sentencing Council member Mrs Justice Maura McGowan said: ‘Firearms offences are treated seriously; the more firearms there are in circulation, the greater the risk of death or serious injury.
‘The new guideline will ensure courts take a consistent approach to sentencing often complex firearms importation offences and will make the sentencing process more transparent and easier to understand for victims, witnesses, defendants and the public.’
The guideline covers importation of firearms and ammunition under two offences: improper importation of goods and fraudulent evasion of prohibition/restriction, and will be added to a suite of eight existing guidelines for other firearms offences that came into force on 1 January 2021.
Respondents to the Sentencing Council’s consultation on the proposed guideline, Firearms importation guideline, which closed in September, asked for more clarity on dealing with weapons that have been adapted or modified, and on interpreting the term ‘organised criminal group’ when categorising harm.
