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In Place Of Fear

In Place Of Fear

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For offences requiring possession, the prosecution has to prove that the defendant knew they had something in their possession; it is irrelevant what they knew or thought it was: R v Hussain (1981) 72 Cr. App. R. 143; R v Waller (1991) Crim. L.R. 381. For the purposes of this section, an imitation firearm is not (except by virtue of subsection (3)(b)) to be regarded as distinguishable from a real firearm for any practical purpose if it could be so distinguished only— Stun guns which are disguised as other objects (such as torches or mobile phones) are prohibited weapons contrary to both section 5(1)(b) and section 5(1A)(a). The latter attracts a mandatory minimum sentence whereas the former does not. Prosecutors should consider the Sentencing Council’s guidelines on sentence (see below, under ‘Guidelines’).

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Section 19: it is an offence for a person to have with them in a public place without lawful authority or reasonable excuse a loaded shot gun, an air weapon (whether loaded or not), any other firearm (whether loaded or not) together with ammunition suitable for use in that firearm, or an imitation firearm.The Violent Crime Reduction Act 2006 (Realistic Imitation Firearms) Regulations 2007 provide two further defences. The first is for the organisation and holding of airsoft skirmishing. This is defined by reference to ‘permitted activities’ and the defence applies only where third party liability insurance is held in respect of the activities. The second defence is for the purpose of display at arms fairs, defined in the regulations by reference to ‘permitted events’. For the purposes of this section the cases in which a dangerous weapon is to be regarded as available to a person for an unlawful purpose include any case where— his possession of the weapon at that time and place would constitute, or be likely to involve or to lead to, the commission by him of an offence.

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Section 22(4): it is an offence for a person under the age of eighteen to have with him an air weapon or ammunition for an air weapon unless supervised by a person aged twenty-one or over, subject to exceptions under section 23.Where the offence relates to a firearm of a kind specified in section 5(1)(a), (ab), (aba), (ac), (ad), (ae), (af), (ag), (ba) or (c) or (1A)(a) of the Firearms Act 1968, the maximum sentence is life imprisonment identity theft such as subscribing the victim to services, purchasing goods and services in their name This is not an exhaustive list and prosecutors should consider the offending in the round as to whether it reflects the concept of "stalking". "Stalking" may be understood as a pattern of Fixated, Obsessive, Unwanted and Repeated (FOUR) behaviour which is intrusive.

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Section 311 of the Sentencing Act 2020 mandates minimum sentences for defendants convicted of offences listed in Schedule 20 who were aged 16 or over when the offence was committed. Section 22(3): it is an offence for a person under the age of fifteen to have with him an assembled shotgun, except while under the supervision of a person aged twenty-one or over or while the shotgun is so covered with a securely fastened gun cover that it cannot be fired. Section 1(1) of the Firearms Act 1968 creates an absolute offence of having possession of, purchasing or acquiring a firearm or ammunition without a certificate or otherwise than as authorised by such a certificate. Section 1(2) creates an offence of failing to comply with the conditions of such a certificate. Section 1(3) provides that this section does not apply to shot guns or air weapons (see the definitions above). The Violent Crime Reduction Act 2006 created offences relating to the manufacture, importation and sale of realistic imitation firearms, and modifying an imitation firearm so that it becomes a realistic imitation firearm (see below under ‘Offences relating to Realistic Imitation Firearms’).The following factors should be considered when deciding whether to charge offences under sections 16, 16A, 17 or 18 of the Firearms Act 1968: In any proceedings for offences under the 1968 Act brought by virtue of section 1 of the 1982 Act, it is a defence for the accused to show that “he did not know and had no reason to suspect that the imitation firearm was so constructed or adapted as to be readily convertible into a firearm to which section 1 of [the 1968 Act] applies”: section 1(5) Firearms Act 1982. The burden is on the defendant to prove this on the balance of probabilities: R v Williams [2012] EWCA Crim 2162.

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the intention of the Firearms Act 1982 was only to widen the description of firearm in cases where conversion of an imitation firearm could be achieved without any special skill and without the use of equipment or tools other than those in common use; There is a third possible response to threat, and that is the “freeze” response to danger. At face value, freezing when faced with a threat does not appear to be as obviously adaptive as the fight or flight response. Is freeze merely an extension of surprise? They should conform to The Violent Crime Reduction Act 2006 (Specification for Imitation Firearms) Regulations 2011. It’s also speculated that freezing might have psychological benefits. Many people who “freeze” report little or no memory of the trauma. Consider how that might preserve your sanity or protect you from psychological harm. Section 17(1) requires "use" or "attempt to use" a firearm or imitation firearm with intent to resist arrest.It is for the prosecutor to consider all the circumstances and facts of the case to arrive at a decision on the appropriate charge, applying the principles set out in the Code for Crown Prosecutors, in particular paragraph 6 'selection of charges'. Readily convertible" means "it can be so converted without any special skill on the part of the person converting it and the work involved in converting it does not require equipment or tools other than such as are in common use by persons carrying out works of construction and maintenance in their own homes" ( Section 1(6) Firearms Act 1982). De-activated firearms are expressly excluded from the definition of realistic imitation firearm in section 38(1) of the Violent Crime Reduction Act 2006. However, they may still constitute imitation firearms. lead to the swift and accurate assessment of risk which, in turn, can help to ensure a suitable multi-agency approach to increasing the safety of victims and where appropriate access to early intervention or health referral pathways for the suspect



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