Report on Mandatory Sentences - Law Reform Commission

violence; 213 (v) use of a firearm to resist arrest; 214 (vi) carrying a firearm with criminal intent; 215 (vii)
carrying a firearm in a public place; 216 and (viii) trespassing in a building with a firearm. 217 The minimum
term must be imposed unless there are exceptional circumstances which would justify the court not doing
so. 218 It would appear that a guilty plea will not result in a reduction of the sentence imposed for an
offence under section 51A. 219 Ashworth observes that this is a feature which renders section 51A “a
particularly severe provision.” 220
(ii)
Threats made with offensive weapons or articles with blades or points
4.106 Section 1A of the Prevention of Crime Act 1953 221 prescribes a presumptive minimum sentence
of six months’ imprisonment for an adult offender 222 convicted of threatening another person with an
offensive weapon in public. 223 Under this sentencing regime, the minimum penalty must be imposed
unless the court considers that there are particular circumstances which relate to the offence or the
offender which would make the application of the minimum sentence unjust in all the circumstances. 224
4.107 Section 139AA of the Criminal Justice Act 1988 225 prescribes a presumptive minimum sentence
of six months’ imprisonment for an adult offender 226 convicted of threatening another person with an
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Section 16A of the Firearms Act 1968.
Section 17 of the Firearms Act 1968.
Section 18 of the Firearms Act 1968.
Section 19 of the Firearms Act 1968.
Section 20(1) of the Firearms Act 1968.
It has been noted that this ground for not imposing the presumptive minimum term was taken from section 109
of the Powers of Criminal Courts (Sentencing) Act 2000, which formerly imposed an automatic life sentence
for a second serious offence. By contrast, section 110 or section 111 of the 2000 Act, which impose a threeyear
term for a third Class A drug trafficking offence or domestic burglary, permit the court to not impose the
minimum term if it would be unjust to do so in all the circumstances. Arguably, the concept of exceptional
circumstances which would justify the court not imposing the minimum sentence is a lower threshold than
exceptional circumstances which would make the minimum term unjust in all the circumstances: Current Law
Statutes (Sweet and Maxwell, 2003) at 44-262.
Richardson, ed, Archbold 2010 (Sweet and Maxwell, 2010) at 5-261.
Ashworth Sentencing and Criminal Justice (Cambridge University Press, 5 th ed, 2010) at 27
Inserted by section 142 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.
Where the offender is 16 or 17 years of age, section 1A(6) of the Prevention of Crime Act 1953 (inserted by
section 142 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012) requires the court to impose
a detention and training order of at least four months.
Under section 1A of the Prevention of Crime Act 1953 (inserted by section 142 of the Legal Aid, Sentencing
and Punishment of Offenders Act 2012), this offence is committed where an individual: (a) has an offensive
weapon with him or her in a public place; (b) unlawfully and intentionally threatens another person with the
weapon; and (c) does so in such a way that there is an immediate risk of serious physical harm to that other
person.
Section 1A(5) of the Prevention of Crime Act 1953, inserted by section 142 of the Legal Aid, Sentencing and
Punishment of Offenders Act 2012.
Inserted by section 142 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.
Where the offender is 16 or 17 years of age, section 139AA(8) of the Criminal Justice Act 1988 (inserted by
section 142 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012) requires the court to impose
a detention and training order of at least four months.
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