In Place Of Fear

Product Information

This is not an exhaustive list and prosecutors should consider the offending in the round as to whether it reflects the concept of "stalking". "Stalking" may be understood as a pattern of Fixated, Obsessive, Unwanted and Repeated (FOUR) behaviour which is intrusive. The weapon is a shotgun, as the dimensions of the barrel and bore will determine whether it is a firearm for the purposes of section 1, 2 or 5; The Firearms Act 1968 defines firearms generally but also creates a number of sub-categories of firearm, namely shot guns, air weapons and prohibited weapons. The particular type of firearm determines which offences under the Act will be applicable. When a person has been charged with an indictable only offence, all firearms, weapons, component parts and ammunition should be submitted to the FSP with a request for a report. It will always be essential to determine the category of such items. The prosecutor and the police should identify other relevant forensic lines of enquiry, which may include:

FEAR Synonyms: 141 Similar and Opposite Words | Merriam FEAR Synonyms: 141 Similar and Opposite Words | Merriam

Gathering evidence to build a robust prosecution case should focus on the wider pattern of behaviour and on the cumulative impact on a victim. The investigation may reveal evidence of substantive offences, such as physical or sexual assault, but even if the police investigation is not focused on stalking or harassment, prosecutors should be alive to whether a wider pattern of abuse should be investigated and prosecuted. Prosecutors should also be aware that a victim may not know the full extent of a suspect’s conduct, for instance if they were being monitored without their knowledge. Annex 1 of the Director's Guidance on Charging confirms that prosecutors, not the police, must make charging decisions in cases of stalking or harassment.to use 1471 on the phone and write down details of calls received including the time received and the telephone numbers, this includes unanswered calls In any proceedings for offences under the 1968 Act brought by virtue of section 1 of the 1982 Act, it is a defence for the accused to show that “he did not know and had no reason to suspect that the imitation firearm was so constructed or adapted as to be readily convertible into a firearm to which section 1 of [the 1968 Act] applies”: section 1(5) Firearms Act 1982. The burden is on the defendant to prove this on the balance of probabilities: R v Williams [2012] EWCA Crim 2162. Under section 8A(4), a "defectively deactivated weapon" means a firearm which has been rendered incapable of discharging any missile (and has therefore ceased to be a firearm or is a firearm only by virtue of the Firearms Act 1982 (readily convertible imitation firearms)), but in a way that does not meet the relevant technical specifications published by the Secretary of State for this purpose.

In Place of Fear: A gripping 2023 medical murder mystery In Place of Fear: A gripping 2023 medical murder mystery

There is overlap in some elements of the offences of CCB, stalking and harassment. Monitoring a person’s movement or social media may constitute both stalking and CCB; controlling who they meet and when they leave the house may constitute both harassment and CCB. The removal of the requirement to cohabit, so that CCB may be charged for non-cohabiting intimate or family relationships, furthers this overlap. It is important to select the charge based on an understanding of the cumulative harm caused to the victim and the harm in its totality. The evidence from the victim should set this out fully and inform the decision on charge, together with the context of the offending including the motivation of the suspect. This will also enable: Section 4(2) creates an offence of a person other than a registered firearms dealer converting into a firearm anything which has the appearance of being a firearm but which was originally incapable of discharging any missile through its barrel. Possession of articles for conversion of imitation firearms For manufacturers, importers and vendors to claim one of the defences, they must be able to show that their conduct was for purpose of making realistic imitation firearms available for one of the reasons specified. Unlawfully selling or gifting, or offering to sell or gift, a "defectively deactivated weapon" Section 5(2) provides that weapons and ammunition of a number of different types, specified in subsections (1) and (1A), are ‘prohibited weapons’ and ‘prohibited ammunition’ respectively. See below under ‘Possession etc. of Prohibited Weapons, for a list of these types. Imitation Firearms

Cite this Entry

An effective strategy in the prosecution of these cases needs to involve scrutiny of the behaviour and actions of the suspect. This approach can: If neither of the above options apply and the gun does not meet the definition for a firearm as set out in section 57(1) Firearms Act 1968 (for which a certificate is required under section 1(1)(a)), then the gun should be classified as an imitation firearm as defined by section 57(4) of that Act. Section 16A may be more appropriate where the necessary intent for section 16 cannot be proved, as the intent to cause another to believe that unlawful violence will be used, is more readily inferred. Section 16A can be used where the firearm is an imitation. Sentencing for the importation of firearms is dependent upon the type of firearm: the maximum sentence is 7 years unless the firearm is of a kind mentioned in section 5(1)(a), (ab), (aba), (ac), (ad), (ae), (af) or (c) or (1A)(a) of the Firearms Act 1968 in which case the maximum is life imprisonment (section 170(4A) of CEMA), and even outside of these cases the type of firearm will be relevant to sentence. Prosecutors should therefore aver in the indictment or charge the type of firearm that has been imported. (See below, under ‘Note on Disguised Weapons’, for the approach in relation to disguised stun guns.) Charging Guidance Evidence

In Place of Fear | British Journal of General Practice

Further guidance can be found in Social Media and other Electronic Communications prosecution guidance. "Substantial adverse effect"A shot gun is defined under section 1(3)(a) and 57(4) as “a smooth-bore gun (not being an air gun) which”: The following factors should be considered when deciding whether to charge offences under sections 16, 16A, 17 or 18 of the Firearms Act 1968: publishing any statement or other material relating or purporting to relate to a person, or purporting to originate from a person