THIRD GROUP OF PARTSDisposals
PART 10Custodial sentences
CHAPTER 7Minimum sentences for particular offences
Minimum sentence for single offence
I1C2C1311Minimum sentence for certain offences involving firearms that are prohibited weapons
1
This section applies where—
a
a person is convicted of an offence listed in Schedule 20 (certain offences involving firearms that are prohibited weapons), and
b
the offender was aged 16 or over when the offence was committed.
2
The court must impose an appropriate custodial sentence for a term of at least the required minimum term unless the court is of the opinion that there are exceptional circumstances which—
a
relate to the offence or to the offender, and
b
justify not doing so.
3
In this section “appropriate custodial sentence” means—
a
in the case of a person who is aged under 18 when convicted, a sentence of detention under section 250 F1or, in a case to which section 252A applies, under that section;
b
in the case of a person who is aged 18 or over but under 21 when convicted, a sentence of detention in a young offender institution (and includes, if the offence is an offence for which a person aged 21 or over would be liable to imprisonment for life, a sentence of custody for life);
c
in the case of a person who is aged 21 or over when convicted, a sentence of imprisonment.
4
In this section “the required minimum term” means—
a
in the case of an offender who was aged under 18 when the offence was committed, 3 years;
b
in the case of an offender who was aged 18 or over when the offence was committed, 5 years.
But this is subject to subsection (5).
5
In the case of an offence within paragraph 5 of Schedule 20, “the required minimum term” means—
a
in the case of an offender who was aged under 18 when convicted, 3 years;
b
in the case of an offender who was aged 18 or over when convicted, 5 years.