Thomas Acworth successful in firearms appeal by way of case stated

22nd November 2022

3PB's crime and regulatory barrister Thomas AcworthThomas AcworthCall: 2014, pictured here, appeared for the successful appellant the Chief Constable in the Administrative Court, before Sir Ross Cranston, in the case of Chief Constable of Surrey Police v Nelson Smith.

At first instance, the Crown Court upheld the Chief Constable’s decision to refuse Mr. Smith’s application for a firearm certificate on the basis that he was a risk to public safety and the peace. The Crown Court then proceeded to grant Mr. Smith a shotgun certificate, even though the evidence in support of the Chief Constable’s refusal of this application was identical to that underlying the refusal to grant a firearm certificate.

On appeal, Thomas argued that this decision was flawed and unsustainable. Sir Ross Cranston agreed, allowed the Chief Constable’s appeal and reversed the Crown Court’s decision to grant Mr. Smith a shotgun certificate.

Thomas was also successful in persuading the court to extend the time limit for submitting an appellant’s notice by seven months. Notwithstanding that the delay was serious and significant and had occurred as a result of administrative difficulties on the part of the Chief Constable’s solicitors, the court agreed with Thomas’ analysis that the regulation of firearms and shotguns was a matter of such pressing public importance that time should be extended.

The decision underlines that, notwithstanding the broader bases upon which applications for firearms certificates can be refused, there is a single standard of danger under the Firearms Act 1968. This applies whether an applicant wishes to have a shotgun or a firearm. Although the extension of time was significant, the court’s decision was premised on the particular position of the Chief Constable in firearms licensing matters, the potentially devastating consequences if the possession of firearms is not subject to stringent scrutiny and the harm that would befall the public if, by dint of an administrative oversight, a dangerous man was allowed to possess a gun.

If you wish to instruct Thomas on a regulatory or police law matter, please contact his clerk for this work, Stuart Pringle on [email protected] or by calling him on 01962 868 884.