Child investigated for gun possession - Case Dropped
Author:

Date posted: 19 Oct 2022
|
Police Station
Our lawyers have a 72% win rate
Read case studyCase study summary
The police investigated a 12-year-old for possession of an imitation firearm after he had taken a broken BB-gun to school. We persuaded the police that this gun was effectively a toy and could not be classed as an imitation firearm. The police had no choice but to drop the case.
Case study
Our client was being investigated for possession of an imitation firearm. He was a child who had taken his father's BB-gun into school. The gun was broken and no longer able to fire BB pellets. However, he had pointed the gun at the complainant, a fellow student, and pulled the trigger which made a loud bang. The complainant suffered temporary hearing loss as a result.
The police pursued an investigation despite the complainant stating that she did not want to support the prosecution. This resulted in our client being excluded from school.
The police wanted to interview him at a police station, but this experience would have been traumatising for our client who suffered with ADHD and was due to be assessed for autism. His father feared for the impact that such an experience would have on his son and refused to attend the interview. The police then threatened him with the possibility of an arrest.
When the client's father contacted our firm, having previously instructed another solicitor's firm, we realised that this matter needed resolving urgently. We contacted the police and argued that the BB-gun could not be considered a realistic imitation firearm. The gun was airsoft, bright blue in colour, and now effectively a toy. We also explained why a vulnerable 12-year-old boy who had no previous convictions should not be being investigated by the police.
The police agreed to drop the investigation. Our client was able to return to school and continue his studies without the prospect of a criminal conviction hanging over his head.

Jamie Dickson
Apprentice Solicitor
Jamie is an apprentice solicitor and represents clients at the police station. She also assists with the preparation of cases in the Magistrates’ Court and Crown Court with offences ranging from harassment to murder. Jamie’s clients describe her as professional and caring.
Lawyer
Legal team
Case start date
14 Sep 2022
Significance
Minor
Recent criminal case studies
Browse more criminal cases
Contact information
Call us
0161 794 0088Office openings
Monday - Thursday: 9:00 - 17:30
Friday: 9:00 - 17:00
Send us a confidential message
We'll get back to you as soon as possible. We are happy to speak to you if you have a query, and either have a free consultation on the phone or in person if necessary.