Does the mandatory minimum sentence always apply to s.17 and s.18?

No. The mandatory minimum under Sentencing Act 2020 s.311 and Schedule 20 — 5 years for an offender aged 18 or over, 3 years for an offender aged 16-17, unless there are exceptional circumstances — applies to s.17 and s.18 only where the firearm or imitation firearm involved is a s.5 prohibited weapon. It does not apply where an ordinary or imitation firearm (not a s.5 prohibited weapon) is involved.

Which search power applies to a s.18 offence?

Firearms Act 1968 s.47 — s.18(1) and (2) are listed relevant offences under s.47(6), so a constable with reasonable cause to suspect a person of a s.18 offence may require surrender of the firearm, search the person, stop and search a vehicle, and enter any place, wherever the firearm is found. s.17 is not itself a s.47 relevant offence; s.47 reaches a s.17 firearm only if it is in a public place.

Firearm in criminal use — resisting arrest or criminal intent

The offences of using or possessing a firearm to resist lawful arrest (s.17 Firearms Act 1968) and of having a firearm with you with criminal intent (s.18 Firearms Act 1968) — the statutory elements reproduced verbatim, mode of trial and maximum sentence, and the arrest, stop-search and entry powers, for frontline officers.

Unofficial independent resource — always verify with official sources (College of Policing, your force, PFEW).

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Last reviewed: 28 August 2026 · Next review due: 28 February 2027

Reviewed by BlueLineHub Editorial

What are the points to prove for firearm use or possession with criminal intent under s.17 and s.18 Firearms Act 1968?

s.17(1) — making or attempting to make any use of a firearm or imitation firearm with intent to resist or prevent lawful arrest or detention; s.17(2) — possessing a firearm or imitation firearm at the time of committing, or being arrested for, an offence listed in Schedule 1, unless shown to be for a lawful object; s.18(1) — having a firearm or imitation firearm with you with intent to commit an indictable offence, or to resist or prevent arrest, reproduced verbatim below.

All three are indictable only, each carrying a maximum of life imprisonment (Firearms Act 1968 Schedule 6); a mandatory minimum under Sentencing Act 2020 s.311 applies to s.17 and s.18 only where the firearm involved is a s.5 prohibited weapon, not to an ordinary or imitation firearm.

All offence cards

It is an offence under s.17 Firearms Act 1968 to make or attempt to make any use of a firearm or imitation firearm with intent to resist or prevent the lawful arrest or detention of yourself or another (s.17(1)), or to possess a firearm or imitation firearm at the time of committing, or being arrested for, one of the offences listed in Schedule 1 to the Act, unless it is shown the firearm was possessed for a lawful object (s.17(2)). It is a separate offence under s.18 Firearms Act 1968 to have a firearm or imitation firearm with you with intent to commit an indictable offence, or to resist or prevent the arrest of yourself or another, while you have it with you. The offences are reproduced verbatim below. It is educational reference, not a charging decision — verify against current law, CPS charging guidance and force policy.

Offence

s.17 & s.18 Firearms Act 1968

Mode of trial

Indictable only

Maximum sentence

Life imprisonment on conviction on indictment for each of s.17(1), s.17(2) and s.18 (Firearms Act 1968 Schedule 6). A MANDATORY MINIMUM under Sentencing Act 2020 s.311 and Schedule 20 — 5 years' imprisonment for an offender aged 18 or over, or 3 years' detention for an offender aged 16-17, unless the court is of the opinion that there are exceptional circumstances relating to the offence or the offender that justify not imposing it — applies to s.17 and s.18 ONLY where the firearm or imitation firearm involved is a s.5 prohibited weapon. It does NOT apply where an ordinary or imitation firearm (not a s.5 prohibited weapon) is involved.

Points to prove — statutory elements

Reproduced verbatim from the Act as published on legislation.gov.uk. These are the statutory elements, not a paraphrase — confirm the up-to-date text and any amendments at the source.

s.17 — Use of firearm to resist arrest.use to resist arrest; possession during a Schedule 1 offence

(1) It is an offence for a person to make or attempt to make any use whatsoever of a firearm or imitation firearm with intent to resist or prevent the lawful arrest or detention of himself or another person.

(2) If a person, at the time of his committing or being arrested for an offence specified in Schedule 1 to this Act, has in his possession a firearm or imitation firearm, he shall be guilty of an offence under this subsection unless he shows that he had it in his possession for a lawful object.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) For purposes of this section, the definition of “firearm” in section 57(1) of this Act shall apply without paragraphs (b) and (c) of that subsection, and “imitation firearm” shall be construed accordingly.

(5) In the application of this section to Scotland, a reference to Schedule 2 to this Act shall be substituted for the reference in subsection (2) to Schedule 1 . . .

Read s.17 on legislation.gov.uk

s.18 — Carrying firearm with criminal intent.carrying with criminal intent

(1) It is an offence for a person to have with him a firearm or imitation firearm with intent to commit an indictable offence, or to resist arrest or prevent the arrest of another, in either case while he has the firearm or imitation firearm with him.

(2) In proceedings for an offence under this section proof that the accused had a firearm or imitation firearm with him and intended to commit an offence, or to resist or prevent arrest, is evidence that he intended to have it with him while doing so.

(3) In the application of this section to Scotland, for the reference to an indictable offence there shall be substituted a reference to any offence specified in paragraphs 1 to 18 of Schedule 2 to this Act.

Read s.18 on legislation.gov.uk

Powers of arrest & search

Arrest without warrants.24

A constable may arrest without warrant anyone whom they have reasonable grounds to suspect of committing an offence under s.17 or s.18, where an arrest is necessary on one of the s.24(5) grounds (PACE 1984 s.24).

Code of Practice: PACE Code G — arrest →

Stop, search and entry — s.18

Firearms Act 1968 s.47 is not a general search power for this card. s.18(1) and (2) are 'relevant offences' under s.47(6), so a constable with reasonable cause to suspect a person of committing, or being about to commit, a s.18 offence may require the person to hand over the firearm or imitation firearm for examination (s.47(1)), search the person without warrant (s.47(3)), stop and search a vehicle (s.47(4)), and enter any place for the purpose of exercising these powers (s.47(5)) — even somewhere other than a public place. s.17 is NOT itself a s.47 relevant offence: s.47 reaches a s.17 firearm only where it is in a public place, under the separate public-place limb in s.47(1)(a).

Search warrant

Firearms Act 1968 s.46 allows a justice of the peace to issue a warrant authorising a constable to enter and search premises or a place, and to search any person found there, where there are reasonable grounds to suspect an offence under the Act — including s.17 or s.18 — has been, is being, or is about to be committed.

CPS charging guidance

Verbatim extracts from the CPS charging guidance (Crown copyright, reproduced under the Open Government Licence v3.0). CPS revises this guidance — confirm against the live page and current law.

Use of a firearm or imitation firearm to resist arrest – maximum life imprisonments.17(1) — resist arrest

This offence can be found at section 17(1) FA 1968. It is an offence for any person to make, or attempt to make, any use of a firearm or imitation firearm to resist or prevent the lawful arrest of themselves or another person. A firearm for the purposes of this section is defined in section 57(1) FA 1968 without paragraphs (b) prohibited weapons and (c) component parts.

Mandatory minimum sentence provisions apply for this offence in accordance with section 311 SA 2020. Extended sentences may also be applicable. Where the offender is being sentenced for a second offence relating to sections 16, 17(1) or 18 FA 1968 under section 283 SA 2020 the court must impose a mandatory life sentence. Prosecutors should see the below paragraph titled 'Mandatory minimum sentences' for more detail.

Read on cps.gov.uk

Possession of a firearm or imitation firearm while committing or being arrested for a specified offence in Schedule 1 – maximum life imprisonments.17(2) — Schedule 1 offence

This offence can be found at section 17(2) FA 1968. The offence is committed if a person possesses a firearm or imitation firearm at the time of committing, or being arrested for, an offence specified in Schedule 1 FA 1968.

There will be a defence if the person can show that they had the firearm in their possession for a lawful object.

Mandatory minimum sentence provisions apply for this offence in accordance with section 311 SA 2020. Extended sentences may also be applicable. Where the offender is being sentenced for a second offence under section 285 SA 2020 the court must give the offender a life sentence. Prosecutors should see the below paragraph titled 'Mandatory minimum sentences' for more detail.

Read on cps.gov.uk

Carrying a firearm or imitation firearm with intent to commit an indictable offence or resist arrest – maximum life imprisonments.18 — criminal intent

This offence can be found at section 18 FA 1968. It is an offence for a person to have with them a firearm or imitation firearm with intent to commit an indictable offence, or to resist arrest or prevent the arrest of another, in either case while having the firearm or imitation firearm with them.

Read on cps.gov.uk

Firearms – Possession with intent (other offences: s.17, s.18) — Sentencing Council guideline Legislation Quick Reference

s.17 has no dedicated definitive Sentencing Council guideline of its own — s.17(1) and s.17(2) are sentenced under the same combined 'Possession with intent (other offences)' guideline as s.18.
Whether s.17(2) applies turns on whether the offence being committed, or for which the person is arrested, is one of the offences listed in Schedule 1 to the Firearms Act 1968 — it is not a general possession offence.
The s.47 stop, search and entry power reaches a s.18 offence wherever the firearm is found; for s.17 it applies only where the firearm is in a public place — see the power detail above.
The mandatory minimum sentence under Sentencing Act 2020 s.311 is conditional: for s.17 and s.18 it applies only where the firearm or imitation firearm involved is a s.5 prohibited weapon, not to an ordinary or imitation firearm generally.

Frequently asked

What is the maximum sentence for an offence under s.17 or s.18 Firearms Act 1968?: Life imprisonment on conviction on indictment for each of s.17(1), s.17(2) and s.18 (Firearms Act 1968 Schedule 6). All three are indictable only.
Does the mandatory minimum sentence always apply to s.17 and s.18?: No. The mandatory minimum under Sentencing Act 2020 s.311 and Schedule 20 — 5 years for an offender aged 18 or over, 3 years for an offender aged 16-17, unless there are exceptional circumstances — applies to s.17 and s.18 only where the firearm or imitation firearm involved is a s.5 prohibited weapon. It does not apply where an ordinary or imitation firearm (not a s.5 prohibited weapon) is involved.
Which search power applies to a s.18 offence?: Firearms Act 1968 s.47 — s.18(1) and (2) are listed relevant offences under s.47(6), so a constable with reasonable cause to suspect a person of a s.18 offence may require surrender of the firearm, search the person, stop and search a vehicle, and enter any place, wherever the firearm is found. s.17 is not itself a s.47 relevant offence; s.47 reaches a s.17 firearm only if it is in a public place.

Firearm in criminal use — resisting arrest or criminal intent

What are the points to prove for firearm use or possession with criminal intent under s.17 and s.18 Firearms Act 1968?

Points to prove — statutory elements

Powers of arrest & search

CPS charging guidance

Related reading

Primary sources

Frequently asked