HL Deb 28 January 1998 vol 585 cc43-4WA
Lord Marlesford

asked Her Majesty's Government:

What arrangements exist for individuals to appeal against the refusal or withdrawal of a shotgun or a firearm certificate. [HL242]

Lord Williams of Mostyn

Section 26(4) of the Firearms Act 1968 provides that a person aggrieved by the decision of a chief officer of police not to grant or renew a firearm or shotgun certificate may appeal against the refusal. Section 30(3) of the Act makes similar provision in respect of the revocation of certificates. Section 44 of the Act (as amended by Section 41 of the Firearms (Amendment) Act 1997) provides that the appeal should be to the Crown Court in England and Wales, or to the Sheriff's Court in Scotland. Section 44 provides that the appeal shall be determined on its merits (and not by way of review), and that the court or sheriff may consider any evidence or other matter, whether or not it was available when the decision of the chief officer was taken. Schedule 2 of the 1968 Act (as amended by the 1997 Act) sets out the mechanism through which the appeal may be conducted.