Appeal from conviction for possessing imitation firearm when arrested for theft of a sandwich from a supermarket.
Held: ‘the words in section 17 appear to be clear and unambiguous. Subsection (1) is directed to the use of a firearm at the time of arrest. Subsection (2), as the judge said, is directed to the carrying of a gun, not in itself an offence, but becoming an offence if it is carried either when a scheduled offence is being committed or when someone is being arrested for a scheduled offence. Clearly, as it seems to us, ‘arrested’ must mean lawfully arrested. That concept embraces the situation where an arrest is being made by a police officer with reasonable grounds for suspecting that an offence has been committed.’
Citations:
[2000] EWCA Crim 3543, [2000] 2 Cr App R 160, [2000] Crim LR 591, [2001] QB 55, (2000) 164 JP 293, [2000] 3 WLR 300
Links:
Statutes:
Jurisdiction:
England and Wales
Crime
Updated: 18 June 2022; Ref: scu.374448
