Report on Mandatory Sentences - Law Reform Commission

injure; 234 (ii) possession of a firearm with intent to cause fear of violence; 235 (iii) use of a firearm to resist
arrest; 236 (iv) carrying a firearm with criminal intent; 237 (v) carrying a firearm in a public place; 238 and (vi)
trespassing in a building with a firearm. 239
(ii)
Other
4.113 Section 206(1) of the Criminal Procedure (Scotland) Act 1995 provides that no person shall be
sentenced to imprisonment by a court of summary jurisdiction for a period of less than five days. 240
(d)
United States of America
4.114 Most American states have presumptive or mandatory sentencing regimes in respect of drugs
and/or firearms offences. Many states apply presumptive or mandatory sentencing regimes in respect of
other offences as well. In general, second or subsequent offences will attract enhanced penalties; some
of these regimes are considered in Chapter 5.
(i)
(I)
Alabama
Drug Offences
4.115 In Alabama, §13A-12-215 of the Penal Code prescribes a minimum sentence of 10 years for
selling, furnishing or giving a controlled substance to a person under the age of 18 years. §13A-12-231
prescribes various minimum terms, ranging from three years to life imprisonment without parole, for drug
trafficking. 241 §13A-12-231(13) stipulates that an additional penalty of five years must be imposed for
drug trafficking while in possession of a firearm. §13A-12-250 stipulates that an additional penalty of five
years must be imposed for selling drugs within a three-mile radius of a school, college or university.
§13A-12-270 stipulates that an additional penalty of five years must be imposed for selling drugs within a
three-mile radius of a housing project. §13A-12-233 prescribes a minimum term of 25 years without
parole for running a drug trafficking enterprise and life without parole for a second offence.
(II)
Firearms Offences
4.116 §13A-5-6 of the Penal Code prescribes a minimum sentence of 20 years for the commission of a
Class A felony with a firearm and 10 years for the commission of a Class B or Class C felony. §13A-11-
60 stipulates that an additional penalty of three years must be imposed for possession and sale of brass
or steel Teflon-coated handgun ammunition.
(III)
Other
234
235
236
237
238
239
240
241
Section 16 of the Firearms Act 1968.
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.
Section 16 of the Criminal Justice and Licensing (Scotland) Act 2010, which does not appear to have been
commenced, proposes to raise the term to 15 days.
§13A-12-232(b) provides that the court may suspend or reduce the mandatory minimum prison term required
by statute, but only if: (1) the mandatory minimum required by statute is not life without parole; (2) the
prosecuting attorney files a motion requesting a reduced or suspended sentence; and (3) the offender
provides substantial assistance in the arrest or conviction of any accomplices, accessories, co-conspirators or
principals. In addition, §15-18-8(a)(1) (any prison sentence under 20 years except for Class A and B felony
child sex offences) permits (but does not require) judges to impose a split sentence in which only part of the
sentence is served and the rest of the sentence is suspended, if “the judge presiding over the case is satisfied
that the ends of justice and the best interests of the public as well as the defendant will be served” by splitting
the sentence.
154