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Firearms – Possession with intent to cause fear of violence

s.16A Firearms Act 1968 · Crown Court

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Sentencing framework

This guideline structures sentencing for the offence of possessing a firearm or imitation firearm with intent to cause fear of violence by assessing the offender's culpability and harm. Culpability is categorized as high, medium, or low based on factors like intent and planning, while harm is evaluated based on its severity. The starting point for sentencing and the offence range are determined according to these categories, with consideration given to aggravating and mitigating factors to ensure a fair and just sentence.

Maximum sentence

10 years’ custody

Court

Crown Court

Offence range

Medium level community order – 9 years’ custody

Aggravating factors

  • ·Previous convictions
  • ·Offence committed whilst on bail
  • ·Offence motivated by hostility based on any of the victim's characteristics
  • ·Firearm prohibited under section 5 and subject to minimum term
  • ·Firearm modified to make it more dangerous
  • ·Steps taken to disguise firearm
  • ·Imitation firearm is readily convertible
  • ·Offence committed in a domestic abuse context
  • ·Offence committed as part of a group

Mitigating factors

  • ·No previous convictions or no relevant/recent convictions
  • ·Positive character and/or exemplary conduct
  • ·Voluntary surrender of firearm
  • ·Offender cooperated with investigation and/or made early admissions
  • ·Remorse
  • ·Serious medical condition requiring urgent, intensive or long-term treatment
  • ·Age and/or lack of maturity

Sentencing range explorer

Select the culpability level and harm category to see the guideline's starting point and category range. This is an educational illustration of the published guideline — not a sentence calculation, and not legal advice. Courts apply the full step-by-step process, aggravating and mitigating factors, and the totality principle.

Culpability

Harm

Select a culpability level and a harm category above.

The sentencing process, step by step

  1. Step 1 — Determining the offence category
  2. Step 2 — Assessing culpability
  3. Step 3 — Assessing harm
  4. Step 4 — Starting point and category range
  5. Step 5 — Minimum term provisions
  6. Step 6 — Considering factors which indicate a reduction for assistance to prosecution
  7. Step 7 — Reduction for guilty pleas
  8. Step 8 — Dangerousness
  9. Step 9 — Totality principle
  10. Step 10 — Ancillary orders

Guideline notes

  • This offence is subject to statutory minimum sentencing provisions which are taken into account at steps 2 and 3. Sentencers should follow each step of the guideline to ensure that all relevant factors are considered.

Always read the full guideline

This is a one-page summary. For any live case, sentencing exercise, or legal advice the authoritative source is the Sentencing Council's own definitive guideline — including the category bands, step-by-step sentencing approach, and all statutory factors not captured here.

Open the full guideline on sentencingcouncil.org.uk

Source: Sentencing Council · Crown copyright, licensed under Open Government Licence v3.0. Summary fetched 2026-06-28. Not legal advice — see a regulated adviser for any live case.