HC Deb 20 May 1971 vol 817 cc1503-4
17. Mr. Farr

asked the Secretary of State for the Home Department if he is satisfied with the operation of the Firearms Act, 1968, especially in relation to the penalties being imposed for the carrying of a loaded shotgun in a public place and the possession of a shotgun without a certificate; and if he will make a statement.

Mr. Maudling

The operation of the Act is under review; but, subject to the limits prescribed by law, it is for the court to decide what penalty to impose in a particular case.

Mr. Farr

Is my right hon. Friend aware that although penalties under the Act are extreme and in some cases can result in a term of imprisonment of up to five years and a fine, quite often courts impose only a derisory fine of, say £2 or £3? If the Act is to have a chance to work, does he not agree that a word of advice from him to the courts on the implementation of these penalties would be a good thing?

Mr. Maudling

The circumstances in which somebody can possess a shotgun without a certificate can vary enormously. Therefore, it is inevitable that the sentences imposed will vary a great deal. It is for a court to decide in a particular case, and in the light of the circumstances, the appropriate penalty, but I have no doubt that note will be taken of what my hon. Friend said.

Mr. Molloy

Is the Home Secretary aware that the point made by the hon. Member for Harborough (Mr. Farr) is causing grave concern since it is felt that the Act is not working because the proper penalties are not being enforced? Would he be prepared to look at the facts to see how easy it is to come by a shotgun or any other offensive weapon? Is there not need for a review to examine whether there should be much more stringent laws relating to a person being able to get hold of a weapon and carrying it about in order to threaten civilians?

Mr. Maudling

It is for Parliament to prescribe the maximum penalties and for the court to decide the particular penalty. We should not take upon ourselves the decision as to what sentence is to be imposed in a paricular case. The operation of the Act is at present under review, and I will ensure that what has been said today will be fully taken into account in the course of that review.