Beruflich Dokumente
Kultur Dokumente
Part 2
1.1 On 2nd June 2010 Derrick Bird murdered twelve people and grievously
injured eleven by using a shotgun and a rifle, which together with ammunition
for the rifle, he lawfully possessed by authority of a firearm certificate and a
shotgun certificate. He lawfully possessed shotgun ammunition, though a
certificate was not necessary for him to do so.
1.2 Mr Craig Mackey, the Chief Constable for Cumbria, sought an urgent
review of his Constabulary’s decision making and actions in respect of the
shotgun certificate and the firearm certificate granted to Derrick Bird. In the
circumstances of these events he sought assistance from the Association of
Chief Police Officers for England, Wales & Northern Ireland, (ACPO) through
the form of a peer review, and as the ACPO lead chief officer for firearms &
explosives licensing, I was asked by the ACPO President to undertake this
review.
1.3 For convenience I set out my terms of reference from the Chief
Constable below. Details regarding the process for the review arrangements
and details concerning my engagement in this area of policing are set out later
at Annex A.
Overview
nd
On Wednesday 2 June 2010 it is believed that Derrick Bird murdered 12 people and injured
a further 11. It is then believed that he took his own life. In each case it is believed he used a
firearm or firearms that he possessed lawfully by authority of his firearm and shotgun
certificates.
Review
The objective is to review the circumstances surrounding the grant and any subsequent
renewal of Derrick Bird’s certificates by Cumbria Constabulary, and whether the decisions
made and actions taken were reasonable in all the circumstances taking in to account the
law, national guidance from the Home Office and the UK police service, and local force policy.
Based upon the findings, to make any recommendations and observations as may seem
appropriate on the above.
Additional matters
It is possible that the review may identify potential areas for improvement in respect of
national guidance and the law that would improve public safety.
Further guidance will be required from the Chief Constable of Cumbria and the ACPO
President as to any recommendations that might go on to offer comment on;
Legislative and guidance changes that, if implemented, may have been capable of acting
directly on the circumstances of this case.
Legislative and guidance changes that if implemented may generally improve public safety.
………………………………………………..
Mr Craig Mackey
Chief Constable for Cumbria
2.2 I have attended to these matters and report my findings in two parts.
The first part has been submitted to the Chief Constable for Cumbria and
concerns arrangements in his Constabulary. This second part concerns the
control of firearms etc more widely, including through the licensing system.
2.3 In the interim the Home Affairs Committee has announced that it will
conduct an inquiry into firearms control. As might be expected, ACPO has
made submissions to the Committee, in response to their general invitation to
do so. One of these submissions has been made by the ACPO Firearms &
Explosives Licensing Working Group (FELWG). Of necessity I draw on it
here, as the subject matter significantly overlaps.
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3.5 Absolute prevention of murders and assaults of this very nature is, in
my view, far more closely related to the fundamental question of the private
ownership of firearms than the operation of the system of licensing. In short,
very radical changes would be necessary to guarantee such circumstances
could not occur again, no matter that they appear to be very rare.
3.6 The hard truth is that the system of certification is designed to reduce
the risk of lawfully possessed firearms being misused criminally, not to
eliminate it altogether. To achieve that would require a very different
approach from Parliament and a different agreement between a government
and the people it governs. The police service is not well placed to offer
comment on such a change and so I have worked on the basis that a broadly
similar system to that in existence now will still be required, and have looked
to improve it.
4.1 In my view none of the obvious matters raised for discussion in terms
of the firearm licensing system are immediately applicable to the appalling
circumstances in Cumbria. Frequent parallels have been drawn with the
multiple murders and suicides committed by Michael Ryan and Thomas
Hamilton. Following those events Government focussed on legislative change
in order to reduce the potential for repetition. In the first instance the Firearms
(Amendment) Act 1988 made a number of changes, which included attaching
“prohibited” status to certain types of firearm. A very similar approach was
taken in the Firearms (Amendment) Act 1997 (and the No 2 Act of that year).
In essence the changes in law sought to prohibit, and therefore remove from
more general licensed possession, the types of firearm associated with the
murders. Recent clarification has confirmed that the law was intended not to
prevent those in unlawful possession of firearms from committing such
offences (as existing law attended to them) but to prevent people otherwise in
lawful possession of such firearms from misusing them to deadly and criminal
effect. The public seem to have an expectation that the possession of
handguns by private individuals is now entirely prohibited. Largely this is the
case although there has been a noteworthy increase in lawful possession of
handguns for the humane despatch of animals or for pest control, there now
being some 1700 handguns possessed for this purpose. This trend features
handguns of varying calibres and without restriction to their magazine
capacity. It seems to me that in some cases the reason for possession is not
really so much humane despatch but the protection of the certificate holder
from a dangerous animal being tracked. I suggest that greater clarity in law as
to Parliament’s wishes in this area should be given.
4.2 Applying the previous Amendment Acts thinking to this matter would
tend to suggest either prohibition or much more stringent controls on 12g
double barrelled shotguns and on single shot bolt action .22”RF rifles. These
types of firearm are among the most widely possessed in private hands, and
to prohibit them would essentially mean the cessation of private firearms
ownership. This is clearly an option for Government, but my recommendation
to ACPO is that there is currently insufficient evidence to justify strong support
for any such proposal. In fact the indications to date are that this is not seen
as a viable Government policy anyway. In fairness the review reports
concerning the murders in Hungerford and Dunblane did not particularly
concentrate on the nature of the firearms and ammunition used as a causation
factor. Indeed Chief Constable Colin Smith, in respect of the Hungerford
murders, indicated that a shotgun could have similar lethal potential to a
firearm and made a recommendation in respect of their control through the
certificate process. A shotgun had not been used in those events and so it
seems clear that he had appreciated that the constraining effect required
needed to be applied to the approval of the certificate holder in the first place,
rather than on the exact nature of the firearm misused.
4.5 Had Derrick Bird been required to give a good reason to possess each
of his shotguns, then I am of the view he would still have been able to. He
possessed three shotguns of different type, and I have set out the details in
part 1. Each was useful for different reasons. Whilst separate good reason is
required for each Section 1 firearm, he possessed just one rifle. The good
reason had been investigated by the police and found to be genuine.
4.8 There are, however, a number of changes that whilst not directly
relevant to the murders and assaults in Cumbria, could improve public safety
more generally in terms of the risks associated with lawfully held firearms.
4.9 It is important that the public are aware that public access to Section 1
firearms without the need for a firearm certificate or indeed supervision can be
achieved reasonably easily. On behalf of ACPO I have expressed unease
with the provisions under Section 11 (4) Firearms Act 1968 regarding
miniature rifle ranges. Whilst there is only limited evidence to indicate that
people otherwise refused a firearm certificate have subsequently gone on to
possess .22”RF rifles under these provisions I believe that a clear risk exists
that should be legislated for before a tragedy occurs. It should be noted that
whilst it may be thought that such ranges might confine themselves to use of
the .22”RF round, in fact the law permits any cartridge not exceeding .23”
diameter (for historic reasons pre-dating the Firearms Act 1920, concerning
the widely used practice ammunition of the day). This would thus include
rounds such as the 4.6 x 30mm utilised in the Heckler & Koch MP7 Personal
Defence Weapon by the MoD Police. Likewise there are some limited
concerns regarding Home Office (HO) Approved Shooting Clubs where it is
possible for a person to have unvetted access to firearms and ammunition
whilst not in the presence of a certificate holder. Whilst it seems that no risk in
this regard has actually materialised yet, simple amendment to the law could
prevent it from doing so without adversely affecting the club’s lawful activities.
The categories of shooting for which a club can gain HO approval is now
significantly more limited than the available shooting disciplines, and does not,
for example, include the “practical” shooting disciplines. In my view there is
merit in the HO increasing the range of permitted shooting disciplines for
which approval can be granted so as to enable the rigour applied to approved
clubs being extended to others. The current benefit is that a club may hold a
club firearm certificate at no cost, however I do not think that increasing the
number of clubs to whom this facility is available will fundamentally undermine
the costs issues. It should be noted that this aspect is not one for legislative
reform, but part of our ongoing work.
4.10 I have offered, again on behalf of ACPO, that the rather final provision
relating to revocation should be complemented by a power to suspend a
certificate for a period of time, subject to the same appeal procedures as for
revocation. Such a provision could avoid revocation whilst a matter is
investigated. In many cases a chief officer has to come to a view ahead of
investigation, especially where dispute exists between parties. In addition I
would welcome further consideration being given to the route of appeals
against revocation or refusal. The route currently is to the Crown Court, but
has previously been to a Court of Summary Jurisdiction.
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4.12 Police forces are expected by Parliament to have regard to the Home
Office guidance in this area. The same consideration to the guidance is not
afforded by the courts and in some instances the court has not permitted a
jury to have access to the guidance. I suggest that a change in status to that
of an “Approved Code of Practice” (ACOP) would be useful, drawing on the
parallel with the Manufacture and Storage of Explosives Regulations 2005
ACOP.
4.13 In terms of contact with those who are close in relationship terms with
the applicant, then I recommend that there is guidance given on who should
be consulted in the application and renewal process. This needs to be
supported by regulation as otherwise there are clear concerns over interfering
with an individuals’ entitlement to a private life. The number of occasions on
which a close family member may wish to raise a concern is likely to be a
small proportion of the overall whole, and there will be a consideration of
proportionality to attend to. In my view those adults in a domestic relationship
should be enquired of as a matter of requirement.
4.17 Much police effort is concerned with attending to the detail of the
current system, brought about by successive amendations to law and
attendant regulations. Swift alterations to application forms and similar are
inhibited by the need to achieve regulatory change for them to have effect.
Working with shooting organisations a list of subjects jointly considered
suitable for regulatory reform have been submitted to the Home Office some
while ago. These are included at Annex A. Essentially these are matters of
detail where police effort is expended disproportionally to the amount of public
safety achieved. In short it would be better to ease the requirements in
respect of them in order to concentrate effort elsewhere. It remains my firm
view that the critical point of the system in terms of achieving public safety is
the point of grant. It is a mistake to consider that people with potentially
criminal intent do not apply for certificates. It is also a mistake to assume that
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4.18 Linked to these proposals, I very much consider it sensible that one
type of form is used for both shotgun and firearm certificates, using, as far as
possible, the same applications form too. I do not recommend that requiring a
person to give good reason for each shotgun (as would be the case with
Section 1 firearms) is necessary as I do not think it will produce much public
safety benefit. The most likely benefit, if it were to reduce the number of
shotguns possessed by a person, would be limiting their number in the event
of their theft.
5.0 Fees
5.1 The present fees are under national review and on behalf of ACPO I
have made a submission supporting their increase, however the system does
not operate at no net cost to the public. Whilst acknowledging that efficiency
improvements need to continue to be made, regulations and HM treasury
guidance still restrict the activities for which a fee can be charged and the
extent of activities that can be included in that calculation. For example,
where an application is refused the fee must be refunded even though the
investigative work has been completed and paid for by the force. There are a
number of licensing activities, such as the approval of times and places for the
shooting of artificial targets, which are a cost to public funds but for which no
fee can be charged. We strongly argue for changes that will enable these
activities to be charged for too, in common with existing chargeable activities.
I have strongly taken the view that the cost of the provision of medical reports
should fall to the applicant and not the public purse. Currently the Home
Office guidance advises police should bear these costs.
Subject Comments
1 Handguns for humane despatch Parliament to
acknowledge and agree
contentedness with the
current arrangements as
being what were
intended in practice.
2 S11(4) FA 1968 – Miniature Rifle Ranges As above
3 HO Club Approvals Revise arrangements
4 Power to suspend certificates short of Cert holder to have
revocation same opportunity to
appeal as with
revocation
5 Refusal/Revocation Appeals Review where these are
heard
6 Prohibited persons Review the meaning in
practice, esp. with a
view to include
suspended sentences
7 Status of HO Guidance Consider an “Approved
Code of Practice” status
8 Formal statement of the extent of enquiries Govt. to set out in
regulation the extent of
enquiries so as to avoid
conflict with privacy
9 Information exchange with medical Continue present work
professionals to determine if
practicable and lawful
10 Introduce a single certificate type for both
s1 firearms and shotguns
11` Establish a formal arrangement for the
classification of new firearm types
12 Clarify the matter of “lethality”
13 Put in place arrangements to replace the
Firearms Consultative Committee
14 Progress the matters listed for Regulatory
reform
7.0 Annexe A
1
Airsoft skirmishing is an activity where participants act out military and law
enforcement scenarios. They are usually dressed in the types of clothing that
would be worn for the original activities and utilise non lethal realistic
imitations (externally) of modern firearms. These are constructed to fire plastic
pellets, usually of 6mm diameter and typically weighing 0.2grams. These
pellets are sometimes referred to as “BB” pellets, although this is strictly
speaking erroneous. The term “BB” refers to a pellet size, which is close to
4.5mm, and more accurately now refers to .177” (4.5mm) steel pellets fired by
an airgun (smoothbored). 0.177” lead “BB” pellets are designed to be fired
from an air rifle or air pistol (with rifling). In practice the steel BB pellets are
usually slightly undersize in order to avoid jamming in the barrel.