Points to prove
- 1. The defendant had with him an imitation firearm ('has with him' requires ready accessibility / close physical proximity, a narrower concept than possession)
- 2. He was in a public place
- 3. He was without lawful authority or reasonable excuse (the proof of which lies on the defendant)
Defences
- Statutory reverse-burden defence — s 19 Firearms Act 1968: lawful authority or reasonable excuse, the proof whereof lies on the defendant (balance of probabilities)
Mode of trial & maximum penalty
Either way — Summary: 6/12 months' imprisonment and/or a fine; Indictment: 7 years' imprisonment
Reference only — verify against current legislation and force policy before charge. Spotted an error? Tell us.
Sources
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