Report on Mandatory Sentences - Law Reform Commission

offensive weapon or an article with a blade or point in a public place or on school premises. 227 Once
again, 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.
4.108 Where an offender pleads guilty to either of these aggravated knife offences, the court may
reduce the sentence which it would otherwise have imposed. 228 It may not, however, reduce the
sentence below 80 percent of the minimum term provided by law.
4.109 In introducing these sentencing provisions, the then Secretary of State for Justice stated that
these presumptive penalties were intended “to stop people believing that knife crime will not be punished
properly in the criminal justice system.” 229 It remains to be seen whether, in practice, this sentencing
regime will produce the desired deterrent effect. Certain commentators have emphasised that in the
moment of drawing a knife, few offenders consider the legal ramifications of their actions. 230 Rather, they
suggest that the lives of many such offenders are so chaotic and violent that they are more fearful of each
other and the prospect of being stabbed, than of the penal consequences of carrying a knife
themselves. 231
(c)
Scotland
4.110 In Scotland, in addition to the mandatory life sentence for murder, there are mandatory minimum
sentences for certain drug and firearms offences. The mandatory minimum sentence prescribed for
certain drug offences is considered in Chapter 5 as this applies only in respect of repeat offenders.
(i)
Firearms Offences
4.111 Section B4 of the Scotland Act 1998 provides that the power to legislate in relation to firearms is
reserved to Westminster. Thus, the control of firearms is regulated by the Firearms Act 1968, as
amended by the Criminal Justice Act 2003. Section 51A 232 of the Firearms Act 1968 introduces a
mandatory sentencing regime in respect of certain firearms offences. It stipulates that the Scottish courts
must impose a minimum sentence of three years upon offenders aged 16 to 20 years, and five years
upon those aged over 20 years. These minimum terms must be imposed unless there are exceptional
circumstances which would justify the court not doing so.
4.112 As noted at paragraph 4.105, section 51A(1A) 233 of the Firearms Act 1968 provides that the
offences to which these presumptive sentences apply are: (i) possession of a firearm with intent to
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228
229
230
231
232
233
Under section 139AA of the Criminal Justice Act 1988 (inserted by section 142 of the Legal Aid, Sentencing
and Punishment of Offenders Act 2012) this offence is committed where a person: (a) has an article to which
the section applies with him or her in a public place or on school premises, (b) unlawfully and intentionally
threatens another person with the article, and (c) does so in such a way that there is an immediate risk of
serious physical harm to that other person.
Section 142 of the Criminal Justice Act 2003, as amended by paragraph 16 of Schedule 26 to the Legal Aid,
Sentencing and Punishment of Offenders Act 2012.
Hansard, House of Commons, Legal Aid, Sentencing and Punishment of Offenders Bill, 2 December 2011,
Column 1044, Kenneth Clarke MP.
In particular, see commentary from Michael Turner QC: “Tougher Prison Sentences for Violent Crime in
Force” BBC 3 December 2012. Available at: www.bbc.co.uk/news/uk-20576580 [Last Accessed: 22 May
2013]. See also: Hansard, House of Commons Public Bill Committee, Legal Aid, Sentencing and Punishment
of Offenders Bill, 12 July 2011, Column 16, Frances Crook, Chief Executive of the Howard League for Penal
Reform.
Hansard, House of Commons Public Bill Committee, Legal Aid, Sentencing and Punishment of Offenders Bill,
12 July 2011, Column 16, Frances Crook, Chief Executive of the Howard League for Penal Reform.
Inserted by section 287 of the Criminal Justice Act 2003.
Inserted by section 30 of the Violent Crime Reduction Act 2006.
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