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Firearms: Sentencing

Volume 461: debated on Monday 11 June 2007

To ask the Secretary of State for the Home Department (1) how many and what percentage of people convicted of carrying an illegal firearm under the Criminal Justice Act 2003 have received the mandatory sentence established by the Act since it came into force, broken down by age group; (129923)

(2) what the average sentence handed down to people convicted of carrying an illegal firearm under the Criminal Justice Act 2003 was in each of the last three years.

[holding answer 27 March 2007]: The minimum five year sentence (three years for those aged 16 or 17) came into force on 22 January 2004. The available information, relating to England and Wales for 2004 and 2005, is contained in table one. Data sent to the Home Affairs Select Committee on 5 June (see table 2) show that the average sentence for firearms possession has increased from 27.3 months in 2003 to 47.3 months in 2005. The equivalent figures in 1995 were 12.1 months.

Figures for 2006 will be available in the autumn.

Table 1: Persons1 sentenced for firearms possession offences involving mandatory custodial sentences, England and Wales

Of which: 5 years or over2

Offence

Statutes

Year

Age group

Total persons sentenced

Persons given immediate custody

No.

% of total sentenced

Average custodial sentence length (months)

Possessing or distributing prohibited weapons or ammunition or firearm disguised as other object.

Firearms Act 1968 sections 5(1)(a),(ab),(aba),(ac),(ad), (ae), (af) or (c) and section 5(1 A)(a) as amended by the Criminal Justice Act 2003 section 287.

20043

16-17

49

10

5

10.2

25.0

18-20

122

35

13

10.7

39.5

21+

565

206

63

11 .2

35.3

Total

736

251

81

11.0

35.3

2005

16-17

32

9

4

12.5

26.0

18-20

59

34

18

30.5

45.5

21+

294

199

124

42.2

48.6

Total

385

242

146

37.9

47.3

1 Principal offence basis.

2 Three years in the case of persons aged 16-17.

3 Many of the persons dealt with in 2004 will have committed their offences prior to the mandatory sentence being introduced in January 2004.

Source:

RDS-NOMS, Home Office

Table 2: Persons1 sentenced for firearms possession offences involving mandatory custodial sentences (from 2004), England and Wales, 19995-2005

Of which: 5 years or over2

Offence

Statutes

Year

Age group

Total persons sentenced

Persons given immediate custody

No.

% of total sentenced

Average custodial sentence length (months)

Possessing or distributing prohibited weapons or ammunition or firearm disguised as other object.

Firearms Act 1968 sections 5(1 )(a), (ab), (aba)3, (ac), (ad), (ae), (af)4 or (c) and section 5(1A)(a) as amended by the Criminal Justice Act 2003 section 287.

1995

16-17

39

4

3.0

18-20

102

10

10.2

21+

524

70

1

0.2

12.9

Total

665

84

1

0.2

12.1

1996

16-17

34

5

6.0

18-20

87

10

3.2

21 +

597

93

9

1.5

19.4

Total

718

108

9

1.3

17.2

1997

16-17

32

3

10.7

18-20

105

9

2.7

21 +

639

94

7

1.1

16.8

Total

776

106

7

0.9

15.3

1998

16-17

36

2

4.5

18-20

159

19

5.4

21 +

836

150

7

0.8

15.1

Total

1,031

171

7

0.7

13.9

1999

16-17

36

2

7.5

18-20

98

12

5.2

21 +

666

124

7

1.1

17.1

Total

800

138

7

0.9

15.9

2000

16-17

35

3

.

_

10.0

18-20

109

16

1

0.9

14.4

21 +

585

123

5

0.9

19.6

Total

729

142

6

0.8

18.7

2001

16-17

62

2

8.0

18-20

148

21

7.5

21 +

529

108

7

1.3

21.0

Total

739

131

7

0.9

18.7

2002

16-17

54

8

9.8

18-20

115

26

16.6

21 +

603

140

15

2.5

23.0

Total

772

174

15

1.9

21.3

2003

16-17

52

8

11.0

18-20

121

23

18.6

21 +

713

183

34

4.8

29.3

Total

886

214

34

3.8

27.3

20045

16-17

49

10

5

10.2

25.0

18-20

122

35

13

10.7

39.5

21+

565

206

63

11.2

35.3

Total

736

251

81

11.0

35.3

2005

16-17

32

9

4

12.5

26.0

18-20

59

34

18

30.5

45.5

21 +

294

199

124

42.2

48.6

Total

385

242

146

37.9

47.3

1 Principal offence basis.

2 Three years in the case of persons aged 16-17.

3 Came into force during 1997.

4 Came into force during 2004.

5 Many of the persons dealt with in 2004 will have committed their offences prior to the mandatory sentence being introduced in January 2004.

Note:

These figures have been drawn from administrative data systems. Although care is taken when processing and analysing the returns, the detail collected is subject to the inaccuracies inherent in any large scale recording system.

Source:

RDS-NOMS, Ministry of Justice