Under consideration PE2219: Review the Mandatory Minimum Five-Year Prison Sentence for Firearms Offences
Calling on the Scottish Parliament to urge the Scottish Government to review whether the mandatory minimum five-year prison sentence for possession of prohibited firearms under the Firearms Act 1968 continues to deliver proportionate justice and effective public safety outcomes in all circumstances.
My petition asks for a review of whether the current legislation remains the most effective and proportionate approach in all circumstances, rather than calling for the removal of serious penalties altogether.
While I understand aspects of firearms legislation are reserved to the UK Parliament, I believe the Scottish Parliament still has an important role in considering the impact of sentencing policy on Scotland’s justice system and in making representations where concerns about proportionality and fairness arise.
Background information
The mandatory minimum sentence for possession of certain prohibited firearms was introduced in 2003, in response to concerns about gang-related firearms. While this approach is important for public safety, concerns have been raised about the limited flexibility available to courts in unusual circumstances
I believe there are cases where the current mandatory minimum may prevent courts from fully considering factors such as intent, risk posed to the public, personal circumstances, or the wider context of the offence.
Scottish courts must normally impose a minimum five-year custodial sentence unless “exceptional circumstances” are found, this means departures from the statutory minimum are rare.
This has led to situations where individuals who have not used a firearm, have no link to organised crime, or have acquired firearms in unusual circumstances—such as inheritance—may receive the same mandatory custodial sentence as someone involved in serious gang-related crime.
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