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Judges criticised over gun crime Judges criticised over gun crime
(about 1 hour later)
A senior policeman has accused some judges of being lenient on gun crime by overlooking mandatory five-year sentences for possession of a firearm.A senior policeman has accused some judges of being lenient on gun crime by overlooking mandatory five-year sentences for possession of a firearm.
Merseyside Chief Constable Bernard Hogan-Howe told the Times it was wrong for judges to ignore such sentences as "very heavy" penalties were required.Merseyside Chief Constable Bernard Hogan-Howe told the Times it was wrong for judges to ignore such sentences as "very heavy" penalties were required.
He said no-one wanted to see a repeat of the murder of Rhys Jones, 11, who was shot dead in Liverpool last year. He said no-one wanted to see a repeat of the murder of Rhys Jones, 11, who was shot in Liverpool last year.
The government said judges could use mitigating factors to cut a sentence.The government said judges could use mitigating factors to cut a sentence.
The average sentence handed down for possession of a firearm in 2005 was three years and nine months. About 40% of offenders were given the mandatory minimum sentence.The average sentence handed down for possession of a firearm in 2005 was three years and nine months. About 40% of offenders were given the mandatory minimum sentence.
'Starting point''Starting point'
A Ministry of Justice spokesman said: "The mandatory five-year term for possession of a firearm is a starting point.A Ministry of Justice spokesman said: "The mandatory five-year term for possession of a firearm is a starting point.
"Judges must then take aggravating and mitigating factors into consideration when determining the final sentence.""Judges must then take aggravating and mitigating factors into consideration when determining the final sentence."
He added: "Sentencing in individual cases is a matter for the courts."He added: "Sentencing in individual cases is a matter for the courts."
If we can get the guns out of their hands, then we will make our society safer Bernard Hogan-Howe Natasha Peniston was sentenced to three years for firearm possession
In October last year a judge at Manchester Crown Court jailed Natasha Peniston for three years, rather than the mandatory five, for possession of a gun which accidentally killed her daughter Kamilah as her son Kasha played with it.
Sentencing her, Mr Justice Holland said there were exceptional circumstances to justify her not receiving the mandatory term, as she had been "prevailed upon" by a boyfriend to look after the weapon.
Mr Hogan-Howe's force is still hunting the killer of Rhys, who was shot dead as he walked home from football practice in Croxteth Park last August.Mr Hogan-Howe's force is still hunting the killer of Rhys, who was shot dead as he walked home from football practice in Croxteth Park last August.
Officers are understood to have held meetings with the local judiciary and members of the legal profession to discuss the effects of gun crime on the Merseyside community.Officers are understood to have held meetings with the local judiciary and members of the legal profession to discuss the effects of gun crime on the Merseyside community.
Mr Hogan-Howe said as well as the five-year minimum term for possession, he would like to see 10-year sentences for firing a weapon.Mr Hogan-Howe said as well as the five-year minimum term for possession, he would like to see 10-year sentences for firing a weapon.
He told the Times the "big issue" for him involved "getting guns out of society". Speaking to BBC Radio 4's Today programme, Mr Hogan-Howe said his comments were not an "attack on judges, nor a condemnation of them".
He argued there would always be gangs and criminals, but added it was the fact they carried guns which made them "truly intimidating". "There have been some excellent examples where the judges have handed down some very long sentences."
"If we can get the guns out of their hands, then we will make our society safer," he said. 'Deterrent'
'Excellent sentences' He highlighted a recent Merseyside case where two men found in possession of 11 firearms were sentenced to 15 years and eight years.
He added: "The message the criminal justice system sends out about the serious consequences that flow from possessing a firearm is an important part of deterring people from carrying guns." He said: "That is the type of sentence that starts to be a deterrent.
He said there had been "some excellent sentences" in gun crime cases, but sentencing, which could act as an important deterrent against carrying weapons, needed to be more consistent. "This is a plea for more consistency. The value of a gun in cash terms is very low. It can be as low as £500, possibly £1,000. If we can get into the mind that not only is it a low sum of money, but you're going to prison for 10 years or 15 years, they will listen.
"Gun crime is our number one priority. Nobody wants to see another child shot dead, as happened here last summer," Mr Hogan-Howe said. The Tories claim Labour has overseen a fourfold rise in gun crime
"But we've got to get that message consistently I'm afraid that at the moment it's inconsistent," Mr Hogan-Howe said.
Shadow home secretary David Davis said Labour had overseen "a four-fold increase in gun-related violence" while in government.Shadow home secretary David Davis said Labour had overseen "a four-fold increase in gun-related violence" while in government.
"The problem is, they are happy to pass tough laws in order to get a good headline only to simply not enforce them - allowing the situation to deteriorate at great risk to the public," said Mr Davis."The problem is, they are happy to pass tough laws in order to get a good headline only to simply not enforce them - allowing the situation to deteriorate at great risk to the public," said Mr Davis.
"As well as failing to enforce the law, our porous borders allow weapons to simply flow into the country while the government's failure to combat the scourge of drugs also fuels so much violent crime.""As well as failing to enforce the law, our porous borders allow weapons to simply flow into the country while the government's failure to combat the scourge of drugs also fuels so much violent crime."