[2012] EWCA Crim 2162

The Firearms Act 1982 s.1(5) placed a persuasive burden on an accused charged with an offence of possession of a readily convertible imitation firearm to prove that he did not know, or had no reason to suspect, that the firearm was readily convertible. While that encroached on the presumption of innocence in the European Convention on Human Rights 1950 art.6(2), such encroachment was justified as a necessary and proportionate derogation.

CA (Crim Div) (Davis LJ, Foskett J, Sweeney J)

18/10/2012