Jersey Unreported Judgments

Firearms - application for the removal of the prohibition of possession of a firearm - decision.

[2021]JRC032

Royal Court

(Samedi)

28 January 2021

File No: 2019/304

Before     :

R. J. MacRae, Esq., Deputy Bailiff, and Jurats Thomas and Averty.

 

The Applicant in person.

Advocate J. P. Rondel for the Respondent.

judgment

the deputy bailiff:

1.        This matter came before the Court on 5^th March 2020 and our judgment is published at Osment v St Saviour (Parish) [2020] (1) JLR 133.  We do not propose to repeat the contents of that judgment.  Owing to the terms of Article 37 of the Firearms (Jersey) Law 2000 ("the Law"), we took the view that it was open to the Applicant to make a further application to this Court on or after 17^th July 2020.  If he did so, we expressed the provisional view that such an application could be dealt with briefly, in view of the indication we gave in our judgment as to the way in which the Court's discretion would most likely be exercised at that time. 

2.        The Applicant did make the necessary application for removal of the prohibition, on 9^th September 2020 which we are considering today. 

3.        The Respondent has no objection to the application that is made. 

4.        We note that a similar application has been made by the Applicant to the English Crown Court, sitting at Lewes, and that application was considered and granted on 29^th October 2020.  We have seen a transcript approved by the judge on 5^th January 2021.  In the relevant part of the judgment, His Honour Judge Mooney said: 

"... this is an application under section 21(6) of the Firearms Act 1968.  Such provision provides for a permanent prohibition on the - [on a defendant, holding or possessing] a firearm or ammunition if they have served a sentence of three years or more.  It is a matter of record that Mr Osment, the appellant in this case, did indeed receive a sentence of imprisonment for three years or more and, accordingly, the section 21(1) prohibition applied to him. 

Since he has been released from that sentence, he has led a blameless life and that led him to making an application for a firearms certificate in the recent years.  He was regarded as being a fit and proper person to hold a licence and a licence was granted to him.  Unfortunately, in the course of that process the fact that he was, in fact, subject to the section 21(1) prohibition was overlooked. 

Now, it has been identified as an issue, Mr Osment has quite properly applied to this court under section 21(6) for that prohibition to be removed and, in view of the absence of any opposition on the part of the respondent, I do remove that prohibition which means that he is now, provided he is in possession of a relevant certificate, able to possess firearms and ammunition, which means that the firearms and ammunition that he currently has in his possession are now legitimately held."  

5.        We are grateful for the written confirmation from the States of Jersey Police Firearms Registrar to the effect that since the matter last came before the Court in March 2020 there have been no matters of concern arising in respect of the Applicant. 

6.        Accordingly, we grant this application and remove the prohibition under Article 37 of the Law.  The Applicant is now entitled to apply to the Connétable for a firearms certificate which, of course, is a matter for the Connétable to determine.  

Authorities

Osment v St Saviour (Parish) [2020] (1) JLR 133.

Firearms (Jersey) Law 2000