New government figures have revealed that one in five adults caught in illegal possession of a gun do not serve a prison sentence. Of the 248 people aged over 18 and found with a firearm, forty five (18%) were not sent straight to prison.
While only 132 of the 208 adults aged 21 and over and convicted of gun possession were given a "mandatory" five-year sentence. However, the average time spent in prison by those convicted increased to 56 months.
The figures reveal that judges have been prepared to introduce more lenient sentences in a significant minority of cases. The government introduced a five-year mandatory minimum for adults holding an illegal gun in 2004.
The figures were obtained by the Liberal Democrats in response to a Parliamentary question on the subject.
The party's home affairs spokesman, Chris Huhne, said that the figures exposed ministers' claims to be "tough" on gun crime as political posturing but he added that judges were right to use their discretion when sentencing criminals.
He said: "Ministers are playing Mr Macho on minimum sentencing, but this posturing is just empty words. One in five adults caught with a gun avoids prison, making a mockery of the supposedly 'mandatory' five-year tariffs.
"Judges are right to take account of circumstances when it comes to sentencing. That is what they are there for. If we remove their discretion, we may as well put a computer in court instead.
"The way to cut gun crime is to catch more criminals with better policing, as the sentences are already tough enough."
