Firearms Appeals
Unlike the rest of the United Kingdom where firearms appeals are heard in the Crown Court (or by the Sheriff in Scotland), Article 74 of the Order places on the Secretary of State responsibility for deciding appeals from persons aggrieved by decisions of the Chief Constable. The Minister with responsibility for law and order, acting on the Secretary of State's behalf, usually decides appeals. Information submitted to the Minister for consideration is generally in writing.
Guidance on Northern Ireland Firearms Controls particularly Appendix 2: Fitness to be entrusted with a firearm (and ammunition) and Appendix 3: Good reason to possess a firearm provide further information relating to firearms appeals.
The Order requires that an applicant for the grant or variation of a firearm certificate meet certain criteria to ensure that his possession of firearms and ammunition is not a danger public safety or the peace. The Chief Constable will not grant or vary a firearm certificate unless he is satisfied that this is the case and if a firearm certificate holder ceases to meet these criteria the Chief Constable will revoke his firearm certificate.
The Firearms (Appeals and Applications) Regulations (Northern Ireland) 2005 specify that a person aggrieved by the Chief Constable's decision must submit a Notice of Appeal form within one month of receiving notification of that decision unless the Secretary of State is persuaded that there is a special reason to accept it after that.
An appellant may submit whatever evidence he thinks relevant and the Secretary of State must consider an appeal on its merits and apply the same statutory criteria but he is not limited to the same evidence as the Chief Constable and can consider whatever additional information he thinks appropriate. Before reaching a decision the Secretary of State will, normally, give the appellant the opportunity to comment, in writing, on the information which the Secretary of State will take into consideration.
A person dissatisfied with the decision of the Secretary of State may apply for judicial review of his decision.