Sentencing Act 2020

Minimum sentences: firearms and corrosive substances E+W

81 (1) Schedule 20 (detention under section 250 and minimum sentences: firearms offences) is amended as follows. E+W

(2) After paragraph 1 insert—

“1A An offence under section 5(1)(ag) or (ba) of the Firearms Act 1968 committed on or after the amendment date (as defined by paragraph 81(6) of Schedule 22).”

(3) In paragraph 3, for “committed in respect of a relevant firearm or relevant ammunition” substitute—

“(a) committed in respect of a relevant firearm or relevant ammunition, or

(b) committed on or after the amendment date (as defined by paragraph 81(6) of Schedule 22) in respect of a firearm specified in section 5(1)(ag) or (ba) of the Firearms Act 1968.”

(4) In paragraph 4(1), for “committed on or after 6 April 2007 in respect of a relevant firearm or relevant ammunition” substitute “—

(a) committed on or after 6 April 2007 in respect of a relevant firearm or relevant ammunition, or

(b) committed on or after the amendment date (as defined by paragraph 81(6) of Schedule 22) in respect of a firearm specified in section 5(1)(ag) or (ba) of the Firearms Act 1968.”.

(5) In paragraph 5, for the words following “where” substitute “—

(a) the dangerous weapon in respect of which the offence was committed was a relevant firearm, or

(b) the offence was committed on or after the amendment date (as defined by paragraph 81(8) of Schedule 22) in respect of a dangerous weapon which was a firearm specified in section 5(1)(ag) or (ba) of the Firearms Act 1968.”

(6) For the purposes of the amendments of Schedule 20 made by sub-paragraphs (2) to (4), the “amendment date” means—

(a) the date on which those sub-paragraphs come into force, or

(b) if earlier, the 2019 Act commencement date.

(7) The 2019 Act commencement date is the date on which section 54(6) of the Offensive Weapons Act 2019 comes into force.

But if paragraph 7 of Schedule 2 to that Act comes into force on a different date, that date is the 2019 Act commencement date for the purposes of Schedule 20 as it applies for the purposes of section 250.

(8) For the purposes of the amendment of Schedule 20 made by sub-paragraph (5), the “amendment date” means—

(a) the date on which that sub-paragraph comes into force, or

(b) if earlier, the date on which paragraph 10 of Schedule 2 to the Offensive Weapons Act 2019 comes into force.

Commencement Information

I1 Sch. 22 para. 81 in force at 6.4.2022 by S.I. 2022/415, reg. 2

82 (1) Section 315 (minimum sentence for repeat offence involving weapon) is amended as follows. E+W

(2) In subsection (1)—

(a) in paragraph (a)—

(i) omit “or” at the end of sub-paragraph (ii);

(ii) after sub-paragraph (iii) insert “or

(iv) section 6(1) of the Offensive Weapons Act 2019 (offence of having a corrosive substance in a public place),”;

(b) in paragraph (b), for “17 July 2015” substitute “ the relevant date ”.

(3) After subsection (1) insert—

“(1A) In subsection (1)(b), “the relevant date” means—

(a) in relation to an offence under section 6(1) of the Offensive Weapons Act 2019, the date on which paragraph 82 of Schedule 22 comes into force (or, if earlier, the date on which section 8 of the Offensive Weapons Act 2019 comes into force);

(b) in any other case, 17 July 2015.”

(4) In subsection (5)—

(a) omit “or” at the end of paragraph (a);

(b) at the end of paragraph (b) insert “or

(c) section 6 of the Offensive Weapons Act 2019 (offence of having corrosive substance in a public place)”.

(5) In the title, at the end insert “ or corrosive substance ”.

Commencement Information

I2 Sch. 22 para. 82 in force at 6.4.2022 by S.I. 2022/415, reg. 2

83 E+W In each of the following provisions, after “weapon” insert “ or corrosive substance ”

(a) section 73(4) (reduction in sentences for guilty pleas);

(b) section 234(2)(b) (detention and training order: availability);

(c) section 399(c)(v) (mandatory sentences).

Commencement Information

I3 Sch. 22 para. 83 in force at 6.4.2022 by S.I. 2022/415, reg. 2