A 14-year-old boy caught with two handguns and live ammunition has walked from court after a judge said he could not impose a custodial sentence because Parliament had “tied his hands”.
Judge Roger Chapple said he could not jail the teenager because he is not considered a “dangerous offender” and, with only one previous conviction — for carrying a knife — he is not considered to be a “persistent offender” in the eyes of the law.
The judge said he was left with little option other than to release the boy, who cannot be named for legal reasons, on a youth rehabilitation programme despite the fact that possessing an offensive weapon carries a sentence of up to 10 years behind bars for over-16s.
The boy, who could not see over the ledge of the dock in court, was caught with an Italian BBN Mini Gap Pistol and a Russian Tokarev TT-33 self-loading pistol, used by the Soviet Army. He also had 13 rounds of ammunition hidden under the floorboard when police raided his home in Manor Park, east London, on Aug 4 this year.
He admitted two counts of possessing a prohibited firearm and one of possessing ammunition without a licence and was sentenced to a three-year youth rehabilitation programme.
Sentencing the youth at Inner London Crown Court yesterday, Judge Chapple said: “Do I need to emphasise how dangerous guns are?
“They kill people: that is what they do, that is what they are intended for.
“Whilst a gun remains in criminal circulation the risk is high that it is going to be used to commit crime, to kill or to cause serious injury.
“Those who store guns for whatever reason keep them in the hands of the wrong people. That is what you did and the courts generally take a very, very serious view of this sort of thing and mark it with long prison sentences.
“If you were two years older than you are you would be facing a minimum sentence of three years’ detention. As it is Parliament has tied my hands almost completely. I have no power at all in the particular circumstances of your case to send you to any form of detention.
“There is really only one sentence I can pass, which is a youth rehabilitation order.”
Even a more rigorous Intensive Supervision and Surveillance programme could not be passed as the boy was not deemed to be a persistent offender.
Stephen Clayton, prosecuting, said: “The defendant said that he had befriended a boy in the local park and having gained his trust he was asked to look after a package.”
At first, police were told, he thought it was cash but when he opened it and realised there were two guns inside he still did not call the authorities. They believe he had possession of the weapons for about a week.
The boy was already serving a rehabilitation order after being stopped by police earlier this year, when he was 13, and found to be carrying a knife.
Judge Chapple added: “My powers are severely limited. No court can be other than deeply disturbed that a 14 year-old who already has a conviction for possessing an offensive weapon in a public place at just 13 and during the currency of a referral order he is found in possession of two handguns and ammunition to match.”
James Burley, in mitigation, said that his client, who hoped to be an engineer, had been excluded from his old school but had been improving his behaviour since he was placed on the first referral order.
“He is not involved in gangs in any way but he has involved himself in one of the most serious crimes on the statute book. He is somewhat used by those of a higher standing,” said Mr Burley.
Judge Chapple warned the boy: “You have a chance, please use it.
“Any further offences from now on and you will be considered a persistent offender.”
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