Supplementary memoranda submitted by ACPO
FELWG
ACPO FELWG is pleased to provide the following
further submission in response to the Committee's questions and
discussion.
A1.0 INFORMATION
SHARING BETWEEN
MEDICAL PROFESSIONALS
AND POLICE
A1.1 Following the meeting that took place
on 17 November 2010 involving the British Medical Association
(BMA), the Information Commissioner's Office (ICO), ACPO and representatives
from the British Shooting Sports Council (BSSC) and British Association
for Shooting & Conservation (BASC), ACPO is pleased to be
able to advise you that agreement was reached between the BMA
and ACPO that police would notify a GP of the grant and renewal
of a firearm and/or shotgun certificate.
A1.2 We would seek to implement this arrangement
within six months.
A1.3 This is very much a "first step",
and whilst not offering quite the same level of assurance as an
enduring record, nonetheless will offer greater assurances than
we have at present. ACPO will now draw up a more detailed paper
concerning this, and explaining the rationale around grant as
opposed to application being the point of notification, but in
brief this will be a system of notification by way of a standard
letter. It is not then intended the letter be retained unless
the GP chooses to take action. The anticipated action is that
the GP would alert the police as to having a concern and the police
would then request a medical report, as now. The BMA will now
draw up guidance to doctors.
A1.4 The ICO foresaw no objections to this
arrangement, though the BSSC and BASC continue to have concerns
regarding the security of the letter. In ACPO's view the arrangements
within the GP service will ensure that these concerns are not
realised.
A1.5 In the longer term ACPO still wishes
to pursue a more enduring record, although there are the anticipated
issues including the ICO's view that legislative change will be
necessary because of the existing definition of a health record
in data protection law. The ICO also has grave concerns regarding
proportionality in respect of such a step.
A2.0 EXEMPTIONS
FROM THE
REQUIREMENT TO
HOLD A
CERTIFICATE
A2.1 ACPO makes further observations on
two such areas; young people who shoot with s1 and s2 firearms,
and miniature rifle ranges. In respect of young people and shooting,
it may be helpful if some further details are first set out. This
subject was not covered in the ACPO review reports because it
was not relevant to Cumbria, nor do young shooters give particular
cause for concern. However there are inconsistencies that could
be addressed alongside any other legislative changes that might
be made in due course.
A2.2 Currently the exemptions from the need
to hold a firearm certificate (with certain exceptions) apply
to children of any age, thus including those under 10 who have
not yet reached the age of criminal responsibility. This means
that it is lawful for a child under 10 to shoot with a rifle without
the need for a firearm certificate, and in some cases without
any supervision. This would be the case for a child full member
of an approved shooting club for example. If the child was a probationary
member of an approved club then they would have to be supervised,
but the supervisor need not be an adult, nor be a certificate
holder either. A child of any age can shoot at a miniature rifle
range without a certificate, without any supervision at all. In
fact a child could be the operator of the range, though could
not purchase the firearms in the first instance. In respect of
shotguns then a child under 15 has to be supervised by an adult
of 21 years or more, but that adult does not need to be a certificate
holder. So whilst the lower age limit for a firearms certificate
is currently 14 years of age, it should be understood that children
younger than that can, and already do, shoot with rifles without
ever needing a certificate at all.
A2.3 ACPO recommends that an absolute minimum
age for shooting with firearms and shotguns be introduced, where
there is no lower limit at all at present, of 10 years of age.
ACPO further recommends that new provisions are introduced to
require all children under 15 who are shooting to be supervised
by an adult over 21 who is a certificate holder. ACPO suggests
that the term "occupier" in the Firearms Act 1968 and
related legislation is clarified to reflect present day arrangements
for shooting. Harmonising the minimum ages for both firearm and
shotgun certificates subsequent to the above provisions being
in place is then a more straightforward matter, and to a large
extent the age selected would be of less consequence. The minimum
"minimum age" would clearly be 10, but in practice,
particularly if the occupier definition matter is attended to,
the number of shotgun certificates to be applied for by children
under 15 would be likely to be less than is currently the case,
and in terms of firearm certificates is likely to be smaller still
as it would only have relevance for non Home Office approved shooting
club applications. It should be borne in mind that a certificate
still would not permit the purchase or hiring of firearms and
ammunition by anyone under 18.
A2.4 Since the above provisions would provide
a minimum age where currently there is none, and would add greater
controls in terms of formal supervision, then the interests of
public safety would be better served than they are now, despite
the apparently very low risk.
A2.5 In the case of a miniature rifle range
then there is no currently requirement for any supervision of
anyone at all, and in fact such ranges are exempt from any certificate
control through the police.
A2.6 ACPO considers that the exemptions
for miniature rifle ranges provide a clear opportunity for a person
who has had a certificate refused or revoked, or who would be
refused a certificate if they applied, to legally acquire rifles
and ammunition that in all other respects should be controlled
by the firearms certificate arrangements. There is no police involvement
in supervising such ranges or the people using them, the numbers
of firearms possessed and the quantities of ammunition involved
are not known or recorded on the NFLMS.
A2.7 The exemption came into being under
the Firearms Act 1920 and reflected the use of a particular round
of ammunition that was in use for military training. Accordingly,
the exemption does not even limit the ammunition to being .22"
rimfire.
A3.0 HOME OFFICE
APPROVED SHOOTING
CLUBS
A3.1 There is a difference between the types
of shooting for which a club can gain approval and the types of
shooting that are lawfully permitted. To some extent ACPO considers
that this reflects concerns that approval might be an indication
that the shooting discipline itself is approved as opposed to
the club.
A3.2 Given the overall criteria a club needs
to meet to secure approval are very desirable it seems sensible
that the approval criteria in terms of shooting disciplines is
expanded to include all lawful shooting disciplines, and thus
encourage all clubs to seek approval.
A4.0 SHORTENING
THE CERTIFICATE
RENEWAL PERIOD
A4.1 From 1920 to 1994 (having effect from
1995) certificates were valid for three years. Reverting from
the current five year life to three once again, or to a lesser
period than that, would give a greater number of inspection visits
and checks for a given period of time, which would theoretically
offer greater assurances than is currently the case. However it
is very difficult to quantify that benefit.
A4.2 The additional visits and related activity
would create greater demand on the police service and whilst ACPO
has made submissions separately concerning increasing the fees,
ACPO would recommend that in order to accommodate any such increase
in certificate renewals there would need to be a fundamental change
to the fees regime. In effect this would amount to a full cost
recovery approach, and ACPO would seek to achieve the charging
of fees for some activities that cannot currently be charged for,
such as approving artificial target (clay pigeon) shoots. ACPO
considers that this would be necessary to avoid the greater costs
falling to the public purse.
A5.0 INCLUDING
LOWER POWERED
AIR WEAPONS
IN THE
CERTIFICATE SYSTEM
A5.1 Against a background of significant
reductions in air weapon enabled crime, the increased controls
on sale, (through registered firearms dealers), the increases
to the minimum age for purchase/hire, and with the forthcoming
controls on security to prevent unauthorised access by young people,
ACPO does not consider that bringing air weapons under the certificate
system is proportionate. Continued enforcement of existing controls,
together with that due in the future, is necessary and very desirable.
A6.0 THE IMPACT
ON POLICE
WORKLOAD OF
A SINGLE
CERTIFICATE SYSTEM
A6.1 ACPO considers that the increase in
research and checking that the single certificate proposals would
introduce in respect of shotgun certificate holders would largely
be offset by the administrative savings. It would be very important
to secure the proposed fees increase as a pre cursor to enable
this change to take place.
18 November 2010
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