Refusal advice

[njc110381]

It amazes me just what women get away with in this situation.

I have a friend, a close one, who is still dealing with his ex after I think eight years of constant accusations. Financial control, rape, child and domestic abuse - all because he refused to continue to pay for her house and car after they split. He's never been convicted of anything and has even proven that her allegations can't be true in a few cases, but she has still slowly eroded things to the point that he doesn't see his eldest daughter with absolutely no consequences. In the family court her actions were described by the judge as "tit for tat" - he's never retaliated to any of it!

I have to admire people who endure this kind of thing and stay sane. If it happened to me and my guns were removed, I'd be taking a very long holiday in a public funded hotel. If the OP was going to do anything violent he would have by now. The world of revenge doesn't revolve around firearms and a lack of access to those makes no difference to the possibilities available to him. It's pathetic that men get screwed like this, almost as a matter of routine.

 

[Rake Aboot]

No your only appeal is via the courts

My mistake , I was under the impression the police had their own appeals process.

 

[Sinistral]

My mistake , I was under the impression the police had their own appeals process.

Actually this is neither right nor wrong. A refusal has to be sent in writing stating the reasons for the refusal, with an invitation to appeal directly to the COP. It's customary for the decision letter to be delivered in person by the FEO involved. It gives both parties a chance to air their side of things, so you could say there's an informal appeals process in place.
A refusal to vary happened to me once when I was heartset on an additional rifle. This was granted next renewal for 'target shooting use', and converted later to 'sporting', so the initial refusal saved me a fee. It's always best to try again when a bit of time has elapsed. I don't know whether that'll help here, but it does at least show someone is still determined and keen on shooting if they keep on trying.

 

[Liveonce]

The only way to formally appeal for firearms is via the courts, for explosives it via the Secretary of State for Works and Pension.

if your certificate is revoked

30Revocation of certificates​

(1)A firearm certificate may be revoked by the chief officer of police for the area in which the holder resides if—

(a)the chief officer is satisfied that the holder is prohibited by this Act from possessing a firearm to which section 1 of this Act applies or is of intemperate habits or unsound mind, or is otherwise unfitted to be entrusted with such a firearm; or

(b)the holder fails to comply with a notice under section 29(1) of this Act requiring him to deliver up the certificate.

(2)A shot gun certificate may be revoked by the chief officer of police if he is satisfied that the holder is prohibited by this Act from possessing a shot gun or cannot be permitted to possess a shot gun without danger to the public safety or to the peace.

(3)A person aggrieved by the revocation of a certificate under subsection (1)(a) or (2) of this section may in accordance with section 44 of this Act appeal against the refusal.

(4)Where a certificate is revoked by the chief officer of police under this section, he shall by notice in writing require the holder to surrender the certificate; and it is an offence for the holder to fail to do so within twenty-one days from the date of the notice:

Provided that, if an appeal is brought against the revocation, this subsection shall not apply to that revocation unless the appeal is abandoned or dismissed, and shall then apply with the substitution, for the reference to the date of the notice, of a reference to the date on which the appeal was abandoned or dismissed.

or grant refused

26Application for, and grant of, certificates​

(1)An application for the grant of a firearm or shot gun certificate shall be made in the prescribed form to the chief officer of police for the area in which the applicant resides and shall state such particulars as may be required by the form.

(2)Rules made by the Secretary of State under section 53 of this Act may—

(a)require any application for a certificate to be accompanied by a photograph of the applicant;

(b)require the verification in the prescribed manner of any prescribed particulars and of the likeness of any such photograph to the applicant.

(3)Subject to the special provision made for shot gun certificates by section 28(3) below, a certificate shall, unless previously revoked or cancelled, continue in force for three years, or such shorter period as may be prescribed, from the date when it was granted or last renewed, but shall be renewable for a further period of three years, or a further prescribed period, by the chief officer of police for the area in which the holder resides, and so on from time to time; and the foregoing provisions of this section apply to the renewal of a certificate as they apply to a grant:

Provided that, subject to the power of renewal conferred by this subsection, a certificate granted or last renewed in Northern Ireland shall not continue in force for a period longer than that for which it was so granted or last renewed.

(4)A person aggrieved by the refusal of a chief officer of police to grant or to renew a certificate under this Act may in accordance with section 44 of this Act appeal against the refusal.

(5)It is an offence for a person to make any statement which he knows to be false for the purpose of procuring, whether for himself or any other person, the grant or renewal of a certificate under this Act.


Section 44

44Appeals from police decisions under Part II​

(1)An appeal under section 26, 29, 30, 34, 36, 37 or 38 of this Act lies, in England and Wales, to quarter sessions and, in Scotland, in accordance with Act of Sederunt to the sheriff.

(2)In relation to an appeal specified in the first column of Part I of Schedule 5 to this Act—

(a)the second column shows, for England and Wales, the court of quarter sessions; and

(b)the third column shows, for Scotland, the sheriff,

having jurisdiction to entertain the appeal.

(3)The procedural and other provisions contained in Part II of Schedule 5 to this Act shall have effect (for England and Wales only) on an appeal to quarter sessions under any provision of this Part of this Act.

Note

The courts of quarter sessions or quarter sessions were local courts that were traditionally held at four set times each year in the Kingdom of England from 1388; they were extended to Wales following the Laws in Wales Act 1535.[1] These courts also became established in Scotland, Ireland and in various other dominions of the British Empire.

 

[Jeff8861]

If you are refused you can write in with evidence against the refusal points. You may submit a request for an appointment with the flm.

If you are revoked the only recourse is through the crown court on appeal.

 

[Liveonce]

If you are refused you can write in with evidence against the refusal points. You may submit a request for an appointment with the flm.

If you are revoked the only recourse is through the crown court on appeal.

where is that process documented within the firearms act? is their evidence in it actually achieving a positive result?

 

[Jeff8861]

where is that process documented within the firearms act? is their evidence in it actually achieving a positive result?

Section 28 of the act parts 11:13 and 11:15.
If you are refused far better to speak with flm I've known incidents where after a chat the flm has changed thier mind. This is far better than going straight crown. However prior to the hearing the fld will need to disclose thier reasons and evidence for the refusal. This is you're opportunity to gather you're evidence. Then you take the chance of trying to convince a judge and two magistrates. I suggest in this day and age any mention of violence drink/drugs domestic violence and other intemperate habits you will lose. Remember this is not a criminal hearing so the fld can use information and intelligence you don't need to be convicted of any thing. A disagreement with a neighbour road rage or other allegations which you know nothing about but the police may hold a report for can be used

 

[Liveonce]

Section 28 of the act parts 11:13 and 11:15.
If you are refused far better to speak with flm I've known incidents where after a chat the flm has changed thier mind. This is far better than going straight crown. However prior to the hearing the fld will need to disclose thier reasons and evidence for the refusal. This is you're opportunity to gather you're evidence. Then you take the chance of trying to convince a judge and two magistrates. I suggest in this day and age any mention of violence drink/drugs domestic violence and other intemperate habits you will lose. Remember this is not a criminal hearing so the fld can use information and intelligence you don't need to be convicted of any thing. A disagreement with a neighbour road rage or other allegations which you know nothing about but the police may hold a report for can be used

Thank you for that seeing it written within the act would be beneficial however i am unable to find it below is section 28
the only reference i can see is via the appeal process, where am i going wrong ? its also refers to shotguns only.

28Special provisions about shot gun certificates.​

[F148(1)Subject to subsection (1A) below, a shot gun certificate shall be granted or, as the case may be, renewed by the chief officer of police if he is satisfied that the applicant can be permitted to possess a shot gun without danger to the public safety or to the peace.

(1A)No such certificate shall be granted or renewed if the chief officer of police—

(a)has reason to believe that the applicant is prohibited by this Act from possessing a shot gun; or

(b)is satisfied that the applicant does not have a good reason for possessing, purchasing or acquiring one.

(1B)For the purposes of paragraph (b) of subsection (1A) above an applicant shall, in particular, be regarded as having a good reason if the gun is intended to be used for sporting or competition purposes or for shooting vermin; and an application shall not be refused by virtue of that paragraph merely because the applicant intends neither to use the gun himself nor to lend it for anyone else to use.]

F149(1C). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)A shot gun certificate shall be in the prescribed form and shall—

(a)be granted or renewed subject to any prescribed conditions and no others; and

(b)specify the conditions, if any, subject to which it is granted or renewed.

[F150(2A)A shot gun certificate shall specify the description of the shot guns to which it relates including, if known, the identification numbers of the guns.]

F151(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments
F148S. 28(1) substituted by Firearms (Amendment) Act 1988 (c. 45, SIF 51:1), s. 3(1)
F149S. 28(1C) omitted (31.12.2020) by virtue of The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 59(5); 2020 c. 1, Sch. 5 para. 1(1)
F150S. 28(2A) inserted by Firearms (Amendment) Act 1988 (c. 45, SIF 51:1), s. 3(2)
F151S. 28(3) repealed (1.7.1997) by 1997 c. 5, s. 52(2), Sch. 3; S.I. 1997/1535, art. 3(b), Sch. Pt. I
Modifications etc. (not altering text)
C26S. 28(2) amended by Firearms (Amendment) Act 1988 (c. 45, SIF 51:1), s. 9

[F15228ACertificates: supplementary.​

(1)A certificate shall, unless previously revoked or cancelled, continue in force for five years from the date when it was granted or last renewed, but shall be renewable for a further period of five years by the chief officer of police for the area in which the holder resides.

[F153(1A)Subsection (1) is subject to the provision made by section 28B for circumstances in which a certificate may continue in force after the period of five years from the date when it was granted or last renewed.]

(2)The provisions of this Act apply to the renewal of a certificate as they apply to a grant; but, subject to the power of renewal conferred by this subsection, a certificate granted or last renewed in Northern Ireland shall not continue in force for a period longer than that for which it was so granted or last renewed.

(3)The Secretary of State may by order amend subsection (1) above so as to substitute for any reference to a period for the time being specified in that subsection a reference to such other period as may be specified in the order.

(4)An order made under subsection (3) above shall apply only to certificates granted or renewed after the date on which the order comes into force.

(5)The power to make orders under subsection (3) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(6)A person aggrieved by the refusal of a chief officer of police to grant or to renew a certificate under this Act may in accordance with section 44 of this Act appeal against the refusal.

(7)It is an offence for a person knowingly or recklessly to make any statement which is false in any material particular for the purpose of procuring (whether for himself or another) the grant or renewal of a certificate under this Act.]

Textual Amendments
F152S. 28A inserted (1.7.1997) 1997 c. 5, s. 52(1), Sch. 2 para. 4(1); S.I. 1997/1535, art. 3(b), Sch. Pt. I
F153S. 28A(1A) inserted (31.1.2017 for specified purposes, 17.4.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 131(2), 183(1)(5)(e); S.I. 2018/456, reg. 4

[F15428BCertificates: limited extension​

(1)This section applies where—

(a)an application is made for the renewal of a certificate on or before the day which falls 8 weeks before the day at the end of which the certificate is due to expire, but

(b)the chief officer of police does not determine whether or not to grant the application before the certificate is due to expire.

(2)The certificate continues in force by virtue of this subsection until whichever of the following events occurs first—

(a)the chief officer determines whether or not to grant the application;

(b)the extension period ends.

(3)In subsection (2), “the extension period” means the period of 8 weeks beginning with the day after the day at the end of which the certificate was due to expire.

(4)If the event mentioned in subsection (2)(a) occurs first, and the chief officer grants the application, any period for which the certificate continued in force under subsection (2) is to be treated for the purposes of section 28A(1) as part of the period for which the renewed certificate is in force.

(5)This section does not apply in relation to the renewal of a certificate granted or last renewed in Northern Ireland.]

Textual Amendments
F154S. 28B inserted (31.1.2017 for specified purposes, 17.4.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 131(1), 183(1)(5)(e); S.I. 2018/456, reg. 4

document link

Firearms Act 1968

An Act to consolidate the Firearms Acts 1937 and 1965, the Air Guns and Shot Guns, etc. , Act 1962, Part V of the Criminal Justice Act 1967 and certain enactments amending the Firearms Act 1937.

www.legislation.gov.uk

 

[Jeff8861]

Thank you for that seeing it written within the act would be beneficial however i am unable to find it below is section 28
the only reference i can see is via the appeal process, where am i going wrong ? its also refers to shotguns only.

28Special provisions about shot gun certificates.​

[F148(1)Subject to subsection (1A) below, a shot gun certificate shall be granted or, as the case may be, renewed by the chief officer of police if he is satisfied that the applicant can be permitted to possess a shot gun without danger to the public safety or to the peace.

(1A)No such certificate shall be granted or renewed if the chief officer of police—

(a)has reason to believe that the applicant is prohibited by this Act from possessing a shot gun; or

(b)is satisfied that the applicant does not have a good reason for possessing, purchasing or acquiring one.

(1B)For the purposes of paragraph (b) of subsection (1A) above an applicant shall, in particular, be regarded as having a good reason if the gun is intended to be used for sporting or competition purposes or for shooting vermin; and an application shall not be refused by virtue of that paragraph merely because the applicant intends neither to use the gun himself nor to lend it for anyone else to use.]

F149(1C). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)A shot gun certificate shall be in the prescribed form and shall—

(a)be granted or renewed subject to any prescribed conditions and no others; and

(b)specify the conditions, if any, subject to which it is granted or renewed.

[F150(2A)A shot gun certificate shall specify the description of the shot guns to which it relates including, if known, the identification numbers of the guns.]

F151(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments
F148S. 28(1) substituted by Firearms (Amendment) Act 1988 (c. 45, SIF 51:1), s. 3(1)
F149S. 28(1C) omitted (31.12.2020) by virtue of The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 59(5); 2020 c. 1, Sch. 5 para. 1(1)
F150S. 28(2A) inserted by Firearms (Amendment) Act 1988 (c. 45, SIF 51:1), s. 3(2)
F151S. 28(3) repealed (1.7.1997) by 1997 c. 5, s. 52(2), Sch. 3; S.I. 1997/1535, art. 3(b), Sch. Pt. I
Modifications etc. (not altering text)
C26S. 28(2) amended by Firearms (Amendment) Act 1988 (c. 45, SIF 51:1), s. 9

[F15228ACertificates: supplementary.​

(1)A certificate shall, unless previously revoked or cancelled, continue in force for five years from the date when it was granted or last renewed, but shall be renewable for a further period of five years by the chief officer of police for the area in which the holder resides.

[F153(1A)Subsection (1) is subject to the provision made by section 28B for circumstances in which a certificate may continue in force after the period of five years from the date when it was granted or last renewed.]

(2)The provisions of this Act apply to the renewal of a certificate as they apply to a grant; but, subject to the power of renewal conferred by this subsection, a certificate granted or last renewed in Northern Ireland shall not continue in force for a period longer than that for which it was so granted or last renewed.

(3)The Secretary of State may by order amend subsection (1) above so as to substitute for any reference to a period for the time being specified in that subsection a reference to such other period as may be specified in the order.

(4)An order made under subsection (3) above shall apply only to certificates granted or renewed after the date on which the order comes into force.

(5)The power to make orders under subsection (3) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(6)A person aggrieved by the refusal of a chief officer of police to grant or to renew a certificate under this Act may in accordance with section 44 of this Act appeal against the refusal.

(7)It is an offence for a person knowingly or recklessly to make any statement which is false in any material particular for the purpose of procuring (whether for himself or another) the grant or renewal of a certificate under this Act.]

Textual Amendments
F152S. 28A inserted (1.7.1997) 1997 c. 5, s. 52(1), Sch. 2 para. 4(1); S.I. 1997/1535, art. 3(b), Sch. Pt. I
F153S. 28A(1A) inserted (31.1.2017 for specified purposes, 17.4.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 131(2), 183(1)(5)(e); S.I. 2018/456, reg. 4

[F15428BCertificates: limited extension​

(1)This section applies where—

(a)an application is made for the renewal of a certificate on or before the day which falls 8 weeks before the day at the end of which the certificate is due to expire, but

(b)the chief officer of police does not determine whether or not to grant the application before the certificate is due to expire.

(2)The certificate continues in force by virtue of this subsection until whichever of the following events occurs first—

(a)the chief officer determines whether or not to grant the application;

(b)the extension period ends.

(3)In subsection (2), “the extension period” means the period of 8 weeks beginning with the day after the day at the end of which the certificate was due to expire.

(4)If the event mentioned in subsection (2)(a) occurs first, and the chief officer grants the application, any period for which the certificate continued in force under subsection (2) is to be treated for the purposes of section 28A(1) as part of the period for which the renewed certificate is in force.

(5)This section does not apply in relation to the renewal of a certificate granted or last renewed in Northern Ireland.]

Textual Amendments
F154S. 28B inserted (31.1.2017 for specified purposes, 17.4.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 131(1), 183(1)(5)(e); S.I. 2018/456, reg. 4

document link

Firearms Act 1968

An Act to consolidate the Firearms Acts 1937 and 1965, the Air Guns and Shot Guns, etc. , Act 1962, Part V of the Criminal Justice Act 1967 and certain enactments amending the Firearms Act 1937.

www.legislation.gov.uk

You are not going to see it in the act. It is down to the discretion of the flm. They do not have to speak or communicate with the failed applicant. Once they spell out thier reasons for refusal that's it. However as mentioned they do listen to arguments and they do sit down with the applicant. The flm can learn alot from a face to face meeting. I'm sure not all forces are willing to do this I know of one force that won't and they are quite draconian in all of thier decision making. To summarise the flm has discretion in some cases its blatantly obvious that a meeting will serve no purpose.

 

[Muirmains]

I am sorry to hear that firstly any of the shooting orgs will only give you a ear to listen to what happened, that’s it . This is the state of uk firearms legislation, it does not need to be a conviction , anything and I mean anything, they will refuse , just like this a wild accusation made in family court , will do it. The don’t need any proof , the only way you have is a chance is court and this is where it get expensive , my advice if you can afford it then appeal the police are told in advice to police publication to watch the weight they place on unconvinced allegations, but they do it all the time as justification for refusals , they even just make up reasons that ain’t even lawful. I know one guy who was refused for (“ being a danger to the public peace and safety with a shotgun for not submitting a properly completed medical proforma “) I kid you not . If you got the means go for it an allegation in family court is just that an allegation, has no weight to untill your found guilty. If you ain’t got the means then just reapply in 5 years time , they seem to like 5 years , it has no place in the law but I recon they are taking it from the amount of time in the law that you are prohibited from release from prison (sentence under 3 years) for applying for a certificate , totally made up but if you ain’t got the money for court , you need to dance to their tune. Best of luck

 

[Suffolk_Shot]

I am in a similar position to you,
Although I have held my shotgun license for 30+ years and my firearms license for 15+ years
. Back in March of this year, my then partner was arrested for assault, when the police bought her back to the house, they seized my shotguns and rifles because of her behaviour.
Two months after this, myself and my partner separated, I was then falsely accused of Domestic violence towards my ex, I voluntarily attended the police station and was interviewed ( not arrested and have never been arrested)I was advised by my solicitor to go no comment to all questions, The false accusations were dropped and no charges were pressed.
3 weeks ago I was able to have my shotguns put in a good friends cabinet and added to his certificate. My rifles are still with the police.
Today I received a phone call from the Norfolk firearms department, when I saw the number come up, I thought great I will be able to get all my guns back now, I was wrong, I was told that I may as well surrender both of my certificates as they are for renewal October 20 24 and there is no chance of this situation being sorted out before then, and also after my Feo has done his report and passed it on to the chief firearms officer I was informed that my renewal will be refused because in the police interview I had I went no comment, which I was advised to do by someone lot more clever than me!! He said I may as well sell my rifles as there is no chance of getting an FAC again,
Regarding my shotgun renewal, he said I should leave it for as long as possible after October 2024,to reapply as this may help my case, but could not guarantee anything.

I feel like my ex is slowly taking everything I love away from me, including my son.

 

[User00040]

I am in a similar position to you,
Although I have held my shotgun license for 30+ years and my firearms license for 15+ years
. Back in March of this year, my then partner was arrested for assault, when the police bought her back to the house, they seized my shotguns and rifles because of her behaviour.
Two months after this, myself and my partner separated, I was then falsely accused of Domestic violence towards my ex, I voluntarily attended the police station and was interviewed ( not arrested and have never been arrested)I was advised by my solicitor to go no comment to all questions, The false accusations were dropped and no charges were pressed.
3 weeks ago I was able to have my shotguns put in a good friends cabinet and added to his certificate. My rifles are still with the police.
Today I received a phone call from the Norfolk firearms department, when I saw the number come up, I thought great I will be able to get all my guns back now, I was wrong, I was told that I may as well surrender both of my certificates as they are for renewal October 20 24 and there is no chance of this situation being sorted out before then, and also after my Feo has done his report and passed it on to the chief firearms officer I was informed that my renewal will be refused because in the police interview I had I went no comment, which I was advised to do by someone lot more clever than me!! He said I may as well sell my rifles as there is no chance of getting an FAC again,
Regarding my shotgun renewal, he said I should leave it for as long as possible after October 2024,to reapply as this may help my case, but could not guarantee anything.

I feel like my ex is slowly taking everything I love away from me, including my son.

If you were able to record or get an email of the above, they would not have a leg to stand on!

Totally out of order!

 

[Liveonce]

If you were able to record or get an email of the above, they would not have a leg to stand on!

Totally out of order!

No they would have two legs to stand on, as they know unless you take them to court you will have no choice but to go along with what they say. Your guilty until you prove your innocence as frustrating as that is.

If a BASC member suffolk_shot seek advice if you have not already done so they may use their fighting fund to help you.

 

[Jeff8861]

I am in a similar position to you,
Although I have held my shotgun license for 30+ years and my firearms license for 15+ years
. Back in March of this year, my then partner was arrested for assault, when the police bought her back to the house, they seized my shotguns and rifles because of her behaviour.
Two months after this, myself and my partner separated, I was then falsely accused of Domestic violence towards my ex, I voluntarily attended the police station and was interviewed ( not arrested and have never been arrested)I was advised by my solicitor to go no comment to all questions, The false accusations were dropped and no charges were pressed.
3 weeks ago I was able to have my shotguns put in a good friends cabinet and added to his certificate. My rifles are still with the police.

Today I received a phone call from the Norfolk firearms department, when I saw the number come up, I thought great I will be able to get all my guns back now, I was wrong, I was told that I may as well surrender both of my certificates as they are for renewal October 20 24 and there is no chance of this situation being sorted out before then, and also after my Feo has done his report and passed it on to the chief firearms officer I was informed that my renewal will be refused because in the police interview I had I went no comment, which I was advised to do by someone lot more clever than me!! He said I may as well sell my rifles as there is no chance of getting an FAC again,
Regarding my shotgun renewal, he said I should leave it for as long as possible after October 2024,to reapply as this may help my case, but could not guarantee anything.

I feel like my ex is slowly taking everything I love away from me, including my son.

Its easier for you're legal rep to advise you to know reply. It seams to be the norm now as its a quick way of dealing with matter and they still get paid the same. Its your right to no reply but it can sometimes come back to bite you. I suspect you're legal rep didn't know you had a certificate. Or he did know and the rep had little knowledge of licensing. If you had answered the questions it would have enabled the fld to come to a more structured understanding of the incidents. Following you being nfa the fld should have asked you about the allegations and incidents. Again this would have assisted the flm in the decision making.

As fld don't need to rely on a criminal burden of standard of proof they can draw thier own conclusions basicaly. As you didn't offer an account they have nothing to go on or investigate. It's easier and cheaper for them go down this path. Remember some fld don't have a cop and may only have two fee's. So they will do nothing other than the quickest and easiest route which is to revoke or to get you to voluntary withdraw.

My advice would be to make an appointment with you're flm. Sit down discuss the reasons for the no reply. Discuss the dv allegation, they may provide some material that you can disprove. This then discredits the account of the witness and udermines the fld case. They may then have a rethink and may satisfy others that the fld have carried out a thorough investigation.

 

[Jeff8861]

If you were able to record or get an email of the above, they would not have a leg to stand on!

Totally out of order!

The fld would have received a report from the interviewing and investigation officer. The fld have access to all reports witness statements and any other material connected to the case. If they can't assess an account they can't make a decision so they wil air on the side of caution and take the easy route. In this case refuse revoke or to ask for a surrender.
Yes of course you can go to appeal but remember it's not a criminal hearing and ultimately its a big gamble.

 

[Liveonce]

if you voluntarily surrender your certificates you lose the legal right to appeal to the court.

So if any intention of appealing make sure they revoke your certificate/s.

 

[enfieldspares]

I was advised by my solicitor to go no comment to all questions.

Oh dear. Bad choice of solicitor I am afraid. I guess he or she doesn't do crime as their daily practice? Never a good idea if arrested to use the solicitor you used to buy and sell your house or make a will if arrested or interviewed on a criminal allegation. Unless they also have a criminal practice backgroud. Those that do and know (including my solicitor) always advise if you've not done it then the sing like a bird. But if you have done it then always "No comment". Unfortunately, and it shouldn't be the case, that choice of response is also the inference some police officers arrive at. You were badly advised unfortunately to elect "No comment".

Now the "good" news. I assume that you were bailed pending further enquiries or further investigation? In which case you should have had, when no charges were placed an notice of ending of bail? This will list why the investigation was not continued to charge. These reasons will be one, or more, of not on the public interest, insufficient evidence, no realistic likelihood of conviction or and some such. If the second "insufficient evidence" then you can now strongly argue that the allegations were false. Indeed there should be a CPS narrative as to why you were not charged. So get a solicitor who knows what he or she is doing and take it from there?

 

[Suffolk_Shot]

Morning and thank you very much for this advice.
Yes I foolishly used the solicitor that they provided me, I did say to her in our meeting before the interview that I wanted to tell my side of the story and I felt very awkward saying no comment the whole time.

I was actually never under arrest I attended the police station voluntarily, the first time I attended the solicitor did not turn up, the second time the Pc in charge of my case had covid and nobody told me so nothing happened that time, so it was on the third visit I actually got interviewed.
I think it took until July to see someone and the funny thing is I have never heard from them regarding the case since, even though I have called them and left messages they have never actually said there’s no further action. I was only told by my ex that she had dropped the charge's.
Maybe I need to call them back again!!

 

[cjm1066]

Are we missing something.

SGC will be renewed in time clearly no danger to the peace

FAC won't be renewed as danger to the peace.

Let them grant your SGC then apply for a FAC.

 

[Suffolk_Shot]

SGC possibly after my renewal date. FAC he said I may as well tell him where I’d like my rifles taken to to be sold.