Tougher penalties proposed for importing illegal firearms

The National Crime Agency (NCA) has welcomed the tougher penalties, which it says “reflect the potential for significant harm and the seriousness of the offence”.

“Illegal firearms are used by organised crime groups to spread fear, incite violence and dominate communities, and can ultimately have fatal consequences,” said the NCA’s head of firearms threat, Christian Ashwell.

The proposed guidance, which has been released by the Sentencing Council for consultation, covers the sentencing of adult offenders convicted in England and Wales of importing prohibited or restricted firearms.

It proposes sentences of up to 28 years’ custody for the most serious cases, for example the large-scale importation of rapid-firing weapons for use in crime, and up to seven years for offences involving firearms that are less dangerous.

The Sentencing Council said the proposed sentences depend on a number of factors including the type of gun imported, the role of the offender and the scale and nature of the importation. The less serious cases, typically involving importation of a stun gun with no criminal intent, may be sentenced in magistrates’ courts.

“Currently, there are no specific sentencing guidelines for these offences, and the consultation is seeking the views of judges, magistrates and others interested in this area of sentencing,” it added.

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. We recently consulted on and published sentencing guidelines for a range of firearms offences, and one of the themes that came out of that consultation was that a sentencing guideline for firearms importation offences would also be useful.

“The draft firearms importation guideline proposes a range of sentences to reflect the varied nature of offending and to ensure a consistent approach to sentencing. We welcome views on the proposals.”

The Council recently consulted on and published a number of sentencing guidelines for firearms offences, and the new proposed guideline is a result of requests from the NCA and Crown Prosecution Office to develop a specific guideline for importation of firearms offences.

The new guideline, when it comes into effect, will ensure the courts take a consistent approach to sentencing and that proportionate sentences are imposed for the unlawful importation of firearms.

“The NCA works with partners in Border Force and policing to protect the public, by stemming the flow of illegal firearms coming into the UK and ending up in the hands of organised criminals,” said Mr Ashwell.

“For those caught importing illegal firearms, the penalty should reflect the potential for significant harm and seriousness of the offence.”

In its annual National Strategic Assessment, the NCA says “high demand” for firearms in the criminal market continues. Despite Covid-19 restrictions on movement and gatherings causing “significant” short-term declines in firearms criminality during lockdown periods, the NCA said it “quickly returned to previous levels once restrictions eased”.

Several investigations in 2020 led to the recovery of a wide range of weapons, including automatic firearms, which disrupted supply networks linked to organised crime groups.

The NCA says the highest levels of firearms activity in the UK continue to take place in London, the West Midlands, Greater Manchester, South Yorkshire and Merseyside.

It added: “Many crime groups and street gangs in these areas are involved in drug supply, often featuring firearms-enabled serious violence.”

The main mode of firearms importation into the UK continues to be trafficking via ferries, which the NCA says remains a “considerable vulnerability” for weapons entering the criminal market despite Covid-19 restrictions.

The proposed guideline covers importation of firearms and ammunition under two Customs and Excise Management Act 1979 offences – improper importation of goods and fraudulent evasion of prohibition/restriction.

The consultation will run until September 8, 2021.