Child investigated for gun possession - Case Dropped

Case 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.