Frances Pencheon in Appeal Success involving Firearms Licence

Frances Pencheon successfully represented an appellant in an appeal against the refusal to grant a shotgun certificate, instructed by Jason Newall of Irwin Mitchell Solicitors.

The appellant, a respected businessman and upstanding member of the community, had been denied a certificate due to incidents that took place more than 20 years ago. Ms Pencheon advanced submissions that there were exceptional circumstances in the case, and that her client was now a fit and proper person to hold a shotgun certificate.

The court accepted Ms Pencheon’s submissions, and the appeal was allowed, granting the appellant the certificate he had sought.

Appeal cases of this nature now follow a relatively structured process, shaped by the judicial review decision in Mason, which established that the Police must first make disclosure of the materials relied upon in refusing a firearms licence.

Once disclosure is complete, the appellant prepares and issues their case, after which the key issues — such as suitability, availability, and proportionality — are identified and discussed. The matter is then listed for a hearing before a circuit judge, sitting with two lay magistrates. This panel of three, typical in firearms appeals, determines whether the appellant should be granted or refused a certificate.

In line with general principles of legal fairness in England and Wales, both parties are expected to disclose the material they intend to rely upon, together with any other relevant evidence. It is entirely consistent with those principles that police forces must set out and disclose the evidence underpinning their decision that a person is unsuitable to hold a certificate, allowing that reasoning to be properly tested at the hearing.

Frances Pencheon is an experienced barrister in firearms licence appeals. Contact the clerks to instruct Frances.