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). Section 16: it is an offence for a person to have possession of a firearm or ammunition with intent by means thereof to endanger life, or to enable another person by means thereof to do the same; 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; The Code for Crown Prosecutors sets out the framework for considering whether a prosecution is required in the public interest. It has never been the rule that a prosecution will automatically take place once the evidential stage is met. A prosecution will usually take place unless the prosecutor is satisfied that there are public interest factors tending against prosecution which outweigh those tending in favour.

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Section 1 of the Firearms Act 1982 provides that in respect of readily convertible imitation firearms “the 1968 Act shall apply […] as it applies in relation to a firearm to which section 1 of that Act applies.” The effect is that offences under the 1968 Act will apply to imitation firearms falling within section 1 of the 1982 Act. This is subject to exceptions under section 2(2) of the 1982 Act in relation to certain sections of the 1968 Act: 4(3) and (4), 16 to 20 and 47. A shot gun is defined under section 1(3)(a) and 57(4) as “a smooth-bore gun (not being an air gun) which”:Section 57(1C) excludes from the definition of a "lethal barrelled weapon" any weapon meeting the definition of "airsoft gun" under section 57A. victims should also not to be afraid to inform neighbours, friends, and work colleagues (unless they suspect that the individual is indeed the suspect in the case). They should be asked to ask them to log any suspicious behaviour The minimum term for defendants over 18 years at the time when the offence was committed is a custodial term of 5 years; for defendants under 18 years at the time the offence was committed, the term is 3 years: section 311(4) of the Sentencing Act 2020. However, where the mandatory minimum sentence applies to an offence under section 28 of the Violent Crime Reduction Act 2006, the relevant age is the age when the offender was convicted rather than when the offence was committed: section 311(5).

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Section 24(3): if is an offence to gift a shot gun or ammunition to a person under the age of fifteen, subject to the defendant proving that they reasonably believed the other person to be over that age. 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.The court must consider whether the incidents give rise to a nexus sufficient for there to be a "course of conduct": Patel [2004] EWCA Crim 3284. Where the Firearms Officer is able to confirm that the weapon is an imitation firearm, they should do so. They should also indicate how closely it resembles a real firearm, based on their own knowledge of firearms. It is also important to determine the circumstances surrounding the possession and use of an imitation weapon.

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Prosecutors should not accept guilty pleas unless there is formal evidence as to the nature of the firearm. The fewer the occasions and the wider they are spread, the less likely it is reasonable to make a finding of a course of conduct: DPP v Lau [2000] 1 FLR 799. Section 17(1) requires "use" or "attempt to use" a firearm or imitation firearm with intent to resist arrest. an accessory to a lethal barrelled weapon or a prohibited weapon where the accessory is designed or adapted to diminish the noise or flash caused by firing the weapon.help ensure the effective consideration of the overall allegation within the wider context of any association or connection Proceedings for certain summary only offences under the Firearms Act 1968 may be instituted within 4 years of the offence rather than the usual six months; however, if such proceedings are instituted more than 6 months after the offence, DPP consent is required: section 51(4). Refer to the guidance on Consents to Prosecute for further guidance. Venue