Firearms – Possession with intent – other offences
Maximum sentence: Life imprisonment · guideline effective from 01 January 2021
Independent editorial summary — not an official statement of the court, tribunal, or regulator.
This is a reference summary — not a definitive sentence
Sentencing is highly fact-specific. The judge follows a structured process: (1) determine offence category (harm × culpability); (2) identify starting point and range; (3) apply aggravating/mitigating factors; (4) consider guilty-plea reduction; (5) consider totality and ancillary orders. Only the authoritative Sentencing Council guideline gives the full grid for this offence.
The structured 5-step process
- Offence category. Determine harm and culpability (usually 1-3 each) — this gives a 3×3 grid.
- Starting point and range. The guideline specifies a starting-point sentence for each cell of the grid plus a range above and below.
- Adjust for factors. Apply statutory and offence-specific aggravators (e.g. previous convictions, on bail, hate motivation) and mitigators (e.g. first offence, age, sole carer status).
- Guilty-plea reduction. Up to one-third reduction for plea at first reasonable opportunity (sliding scale down to 10% if pleaded at trial).
- Totality, ancillaries, reasons. Consider concurrent/consecutive sentences, ancillary orders (compensation, restraining, driving disqualification, victim surcharge), and give reasons.
Factors increasing seriousness
Verbatim from the Sentencing Council guideline (non-exhaustive list).
- Previous convictions
- Offence committed whilst on bail
- Offence motivated by, or demonstrating hostility based on any of the following characteristics or presumed characteristics of the victim: religion, race, disability, sexual orientation or transgender identity
- Firearm prohibited under section 5 and subject to minimum term (taking care to avoid double counting with minimum term provisions)
- Firearm under section 5(1)(a) (automatic weapon)
- Firearm modified to make it more dangerous
- Steps taken to disguise firearm (where not firearm under section 5(1A)(a))
- Imitation firearm is readily convertible
- Steps taken to make imitation firearm appear more realistic (See step 7 on totality when sentencing for more than one offence.)
- Firearm/ammunition held with multiple weapons and/or substantial quantity of ammunition (See step 7 on totality when sentencing for more than one offence)
- Offence committed in a domestic abuse context
- Offence was committed as part of a group
- Offender’s actions resulted in a suspect avoiding arrest
- Expectation of substantial financial gain (except where already taken into account at step 1)
Factors reducing seriousness or reflecting personal mitigation
Verbatim from the Sentencing Council guideline (non-exhaustive list).
- No previous convictions or no relevant/recent convictions
- Positive character and/or exemplary conduct (regardless of previous convictions)
- Firearm incomplete or incapable of being discharged (including stun gun that is not charged and not held with a functioning charger)
- Imitation firearm is unrealistic and unconvincing
- Involved through coercion, intimidation, or exploitation
- Voluntary surrender of firearm
- Offender co-operated with investigation and/or made early admissions
- Remorse
- Serious medical condition requiring urgent, intensive or long-term treatment
- Age and/or lack of maturity (which may be applicable to offenders aged 18-25)
- Mental disorder or learning disability
- Sole or primary carer for dependent relatives
Last ingested: 2026-08-24 from sentencing-council.