Public confidence in the criminal justice system undermined by gun laws

Deficiencies in firearms legislation are having a serious impact on the ability of the criminal justice system to tackle gun crime, according to the Law Commission.

The Law Commission has begun work on reforming firearms offences in the hope of clarifying the law and making it easier to understand and use. This follows findings from the commission that police and the Crown Prosecution Service (CPS) are struggling to enforce gun laws due to the complexity of the current legislation.

Highlighting the problems with existing laws, professor Andrew Ashworth QC of University of Oxford, said: 'A law that requires courts to imprison people who have no mens rea and who have failed to discharge a reverse burden of proof is highly questionable, and it is inadequate and fundamentally wrong to expect the "exceptional circumstances" exemption to furnish full protection for the innocent.'

Initial research by the Law Commission showed that the law has failed to keep pace with modern developments despite there being more than 30 overlapping provisions on the statute book.

The commission claims that frequent amendments have made the law difficult to navigate, and key concepts such as 'antique', 'lethal', and even 'weapon' are not defined. This can lead to difficulties for police and prosecutors when deciding whether to charge someone with an offence.

The Director of Forensic Services for the Metropolitan Police, Gary Pugh OBE, said: 'In our view, the legislation regarding examination and classification of firearms (including ammunition) has developed piecemeal, such that as problems emerge new legislation or amendments are introduced on top of the existing legislation, making for a complex and inefficient means of protecting the public and prohibiting the illegal use of firearms.'

The Law Commission will begin by surveying the current legislation and make recommendations for remedying particular problem areas. The review will also consider the potential benefits of enactment of a single firearms code.

Commenting on the launch of the project, the Law Commissioner for Criminal Law, professor David Ormerod QC, said: 'Public confidence in the criminal justice system is undermined when defendants walk free because the legislation intended to criminalise their behaviour is no longer working effectively. It is also undermined when those who make every effort to comply with the law inadvertently commit a serious criminal offence because of imprecise, outdated and unnecessarily technical drafting.'

He continued: 'Our aim is to clarify and simplify the legal framework, ensuring that public safety is not compromised. Our reforms will strengthen the protection offered by the law by ensuring illegal firearms are dealt with by clear and robust legislation, and that criminals no longer have the opportunity to exploit loopholes in the law. We will also seek to ensure that the law is clear for legitimate holders of firearms.'

The Commission will open a three-month consultation in summer 2015, and expect to publish a final report in spring 2016.

John van der Luit-Drummond is legal reporter for Solicitors Journal