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In Place Of Fear

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Overlaps can occur between the more serious offences of possessing/using firearms for crime. It is important that the indictment is not unnecessarily overloaded but that it reflects the overall gravity and nature of the offending. Prosecutors should select charges that give the court adequate sentencing powers. Prosecutors should be familiar with the guidelines from the Sentencing Council (see Sentencing below).

In Place of Fear by Catriona McPherson | Goodreads

Section 4(2) creates an offence of a person other than a registered firearms dealer converting into a firearm anything which has the appearance of being a firearm but which was originally incapable of discharging any missile through its barrel. Possession of articles for conversion of imitation firearmsSection 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. Museums which hold a museum firearms licence are excluded from the scope of the new offence under section 8A(8) where the relevant weapon was deactivated prior to 8 April 2016. Importation of Firearms Additional provisions: May be subject to a mandatory minimum sentence; where this applies, the maximum sentence is 10 years rather than 5 years. An air weapon is defined under section 1(3)(b) and 57(4) as "an air rifle, air gun or air pistol which does not fall within section 5(1)(a) [firearms designed or adapted so that two or more missiles can be successively discharged without repeated pressure on the trigger] and which is not of a type declared by rules made by the Secretary of State under section 53 of the Firearms Act to be specially dangerous". This will include, for example paintball guns. 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.

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At 4.14 a number of factors are set out for consideration. This offending will often combine factors of seriousness, culpability and harm to the victim. It is highly likely that a prosecution will be required in the public interest.If neither of the above options apply and the gun does not meet the definition for a firearm as set out in section 57(1) Firearms Act 1968 (for which a certificate is required under section 1(1)(a)), then the gun should be classified as an imitation firearm as defined by section 57(4) of that Act. People who are “avoidant motivated” (neurotic) tend to perceive the risks/negatives in situations. “Spider soup! How could that possibly be safe? It’s going to be disgusting or poisonous and then I’ll throw up in front of everyone and embarrass myself”. Section 22(2): it is an offence for a person under the age of fourteen to have possession of any firearm or ammunition to which section 1 applies, subject to certain exceptions. Where the evidential stage has been met, but in circumstances where a victim is not willing to support a prosecution, prosecutors will need to carefully consider the interests and safety of the adult and child victim, other family members and other dependents when assessing whether a prosecution is in the public interest, whether to seek a witness summons and whether to pursue a prosecution without the support of the victim. More information about the approach to follow can be found in the Domestic Abuse prosecution guidance. Selecting the Most Appropriate Charge or Charges

In Place of Fear | British Journal of General Practice

Accordingly, where a stun gun is disguised as another object, section 5(1)(b) should be charged unless there is evidence of any use or intended use of the stun gun, or the commission or alleged commission at the same time or recently of other relevant offences. The phrase "substantial adverse effect on another’s usual day-to-day activities" is not defined in section 4A PHA 1997. The guidelines issued by the Home Office suggests some examples:

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Section 38 goes on to provide guidance on determining whether something is “indistinguishable” from a real firearm. Where offences contrary to section 1 or section 5 Firearms Act 1968 (other than straightforward shotgun and air weapon offences, referred to above) appear to have been committed, a forensic report from a FSP or a firearms expert from a United Kingdom Accreditation Service (UKAS) accredited police force will always be needed for classification purposes.

FEAR Synonyms: 141 Similar and Opposite Words | Merriam FEAR Synonyms: 141 Similar and Opposite Words | Merriam

It is essential that prosecutors work closely with the police and other agencies to ensure that the best evidence is gathered and presented to the court. Prosecutors should be aware of the Protocol on the appropriate handling of stalking offences between the Crown Prosecution Service and the National Police Chiefs' Council. The court must impose the mandatory minimum sentence unless it is of the opinion that there are “exceptional circumstances” relating to the offence or the offender which justify not doing so: section 311(2).

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Section 36 of the Violent Crime Reduction Act 2006 creates an offence of the manufacture, importation or sale of realistic imitation firearms. It also made it an offence to modify an imitation firearm to make it a realistic imitation firearm. There is no requirement that the incidents comprising the course of conduct need be of the same nature.

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