Legal Aid, Sentencing and Punishment of Offenders Act 2012

This section has no associated Explanatory Notes

24E+WAfter section 227 (firearms offences) insert—

227AOffences of threatening with a weapon in public or on school premises

(1)This section applies if—

(a)a person aged 18 or over is convicted by a court of an offence under section 42 (criminal conduct); and

(b)the corresponding offence under the law of England and Wales is an offence under section 1A of the Prevention of Crime Act 1953 or section 139AA of the Criminal Justice Act 1988 (threatening with article with blade or point or offensive weapon in public or on school premises).

(2)The court must impose a sentence of imprisonment for a term of at least 6 months unless the court is of the opinion that there are particular circumstances which—

(a)relate to the offence or to the offender, and

(b)would make it unjust to do so in all the circumstances.

(3)In relation to times before the coming into force of section 61 of the Criminal Justice and Court Services Act 2000, the reference in subsection (2) to a sentence of imprisonment, in relation to an offender aged under 21 at the time of conviction, is to be read as a reference to a sentence of detention in a young offender institution.