Criminal Justice and Courts Act 2015

Section 28

SCHEDULE 5 Minimum sentence for repeat offences involving offensive weapons etc: consequential provision

Mental Health Act 1983 (c. 20)

1 In section 37(1A) of the Mental Health Act 1983 (powers of courts to order hospital admission or guardianship)—

(a) in paragraph (za), after “section” insert “1(2B) or”, and

(b) in paragraph (aa), after “section” insert “139(6B), 139A(5B) or”.

Criminal Justice Act 1988 (c. 33)

2 In section 36(2)(b) of the Criminal Justice Act 1988 (reviews of sentencing)—

(a) in sub-paragraph (zi), after “section” insert “1(2B) or”, and

(b) in sub-paragraph (ia), after “section” insert “139(6B), 139A(5B) or”.

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

3 The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.

4 (1) Section 12 (absolute and conditional discharge) is amended as follows.

(2) In subsection (1), for the words from “section 110(2)” to “2006” substitute “a provision mentioned in subsection (1A)”.

(3) After that subsection insert—

“(1A) The provisions referred to in subsection (1) are—

(a) section 1(2B) or 1A(5) of the Prevention of Crime Act 1953;

(b) section 51A(2) of the Firearms Act 1968;

(c) section 139(6B), 139A(5B) or 139AA(7) of the Criminal Justice Act 1988;

(d) section 110(2) or 111(2) of this Act;

(e) section 224A, 225(2) or 226(2) of the Criminal Justice Act 2003;

(f) section 29(4) or (6) of the Violent Crime Reduction Act 2006.”

5 In section 100(1A) (offenders under 18: detention and training orders), for paragraphs (a) and (b) substitute—

“(a) section 1(2B) or 1A(5) of the Prevention of Crime Act 1953 (minimum sentence for certain offences involving offensive weapons);

(b) section 139(6B), 139A(5B) or 139AA(7) of the Criminal Justice Act 1988 (minimum sentence for certain offences involving article with blade or point or offensive weapon).”

6 (1) Section 130 (compensation orders against convicted persons) is amended as follows.

(2) In subsection (2), for the words from “section 110(2)” to “2006” substitute “a provision mentioned in subsection (2ZA)”.

(3) After that subsection insert—

“(2ZA) The provisions referred to in subsection (2) are—

(a) section 1(2B) or 1A(5) of the Prevention of Crime Act 1953;

(b) section 51A(2) of the Firearms Act 1968;

(c) section 139(6B), 139A(5B) or 139AA(7) of the Criminal Justice Act 1988;

(d) section 110(2) or 111(2) of this Act;

(e) section 224A, 225(2) or 226(2) of the Criminal Justice Act 2003;

(f) section 29(4) or (6) of the Violent Crime Reduction Act 2006.”

7 (1) Section 146 (driving disqualification for any offence) is amended as follows.

(2) In subsection (2), for the words from “section 110(2)” to “2006” substitute “a provision mentioned in subsection (2A)”.

(3) After that subsection insert—

“(2A) The provisions referred to in subsection (2) are—

(a) section 1(2B) or 1A(5) of the Prevention of Crime Act 1953;

(b) section 51A(2) of the Firearms Act 1968;

(c) section 139(6B), 139A(5B) or 139AA(7) of the Criminal Justice Act 1988;

(d) section 110(2) or 111(2) of this Act;

(e) section 224A, 225(2) or 226(2) of the Criminal Justice Act 2003;

(f) section 29(4) or (6) of the Violent Crime Reduction Act 2006.”

8 In section 164(3) (further interpretive provisions)—

(a) in paragraph (aa), after “section” insert “1(2B) or”, and

(b) in paragraph (ba), after “section” insert “139(6B), 139(5B) or”.

Criminal Justice Act 2003 (c. 44)

9 The Criminal Justice Act 2003 is amended as follows.

10 (1) Section 142 (purposes of sentencing: offenders aged 18 or over) is amended as follows.

(2) In subsection (2)(c), for the words from “section 1A(5)” to “detention for life for certain dangerous offenders)” substitute “a provision mentioned in subsection (2A)”.

(3) After that subsection insert—

“(2AA) The provisions referred to in subsection (2)(c) are—

(a) section 1(2B) or 1A(5) of the Prevention of Crime Act 1953 (minimum sentence for certain offences involving offensive weapons);

(b) section 51A(2) of the Firearms Act 1968 (minimum sentence for certain firearms offences);

(c) section 139(6B), 139A(5B) or 139AA(7) of the Criminal Justice Act 1988 (minimum sentence for certain offences involving article with blade or point or offensive weapon);

(d) section 110(2) or 111(2) of the Sentencing Act (minimum sentence for certain drug trafficking and burglary offences);

(e) section 224A of this Act (life sentence for second listed offence for certain dangerous offenders);

(f) section 225(2) or 226(2) of this Act (imprisonment or detention for life for certain dangerous offenders);

(g) section 29(4) or (6) of the Violent Crime Reduction Act 2006 (minimum sentence in certain cases of using someone to mind a weapon).”

11 (1) Section 142A (purposes of sentencing: offenders under 18) is amended as follows.

(2) In subsection (4), for paragraph (b) substitute—

“(b) to an offence the sentence for which falls to be imposed under a provision mentioned in subsection (5), or”.

(3) At the end insert—

“(5) The provisions referred to in subsection (4)(b) are—

(a) section 1(2B) or 1A(5) of the Prevention of Crime Act 1953 (minimum sentence for certain offences involving offensive weapons);

(b) section 51A(2) of the Firearms Act 1968 (minimum sentence for certain firearms offences);

(c) section 139(6B), 139A(5B) or 139AA(7) of the Criminal Justice Act 1988 (minimum sentence for certain offences involving article with blade or point or offensive weapon);

(d) section 226(2) of this Act (detention for life for certain dangerous offenders);

(e) section 29(6) of the Violent Crime Reduction Act 2006 (minimum sentence in certain cases of using someone to mind a weapon).”

12 (1) Section 144 (reduction in sentences for early guilty pleas) is amended as follows.

(2) In subsection (2), for the words from “an offence” to “nothing” substitute “an offender who—

(a) is convicted of an offence the sentence for which falls to be imposed under a provision mentioned in subsection (3), and

(b) is aged 18 or over when convicted,

nothing”.

(3) In subsection (3)—

(a) for “section 1A(6)(a)” substitute “section 1(2B) or 1A(5)”, and

(b) for “section 139AA(8)(a)” substitute “section 139(6B), 139A(5B) or 139AA(7)”.

(4) In subsection (4), for the words from “an offence” to “nothing” substitute “an offender who—

(a) is convicted of an offence the sentence for which falls to be imposed under a provision mentioned in subsection (5), and

(b) is aged 16 or 17 when convicted,

nothing”.

(5) In subsection (5)—

(a) for “section 1A(6)(b)” substitute “section 1(2B) or 1A(5)”, and

(b) for “section 139AA(8)(b)” substitute “section 139(6B), 139A(5B) or 139AA(7)”.

13 In section 150(2) (community order not available where sentence fixed by law etc), for paragraphs (a) and (b) substitute—

“(a) falls to be imposed under section 1(2B) or 1A(5) of the Prevention of Crime Act 1953 (minimum sentence for certain offences involving offensive weapons), or

(b) falls to be imposed under section 139(6B), 139A(5B) or 139AA(7) of the Criminal Justice Act 1988 (minimum sentence for certain offences involving article with blade or point or offensive weapon).”

14 (1) Section 152 (general restrictions on imposing discretionary custodial sentence) is amended as follows.

(2) In subsection (1)(b), for the words from “section 1A(5)” to the end substitute “a provision mentioned in subsection (1A).”

(3) After that subsection insert—

“(1A) The provisions referred to in subsection (1)(b) are—

(a) section 1(2B) or 1A(5) of the Prevention of Crime Act 1953;

(b) section 51A(2) of the Firearms Act 1968;

(c) section 139(6B), 139A(5B) or 139AA(7) of the Criminal Justice Act 1988;

(d) section 110(2) or 111(2) of the Sentencing Act;

(e) section 224A, 225(2) or 226(2) of this Act;

(f) section 29(4) or (6) of the Violent Crime Reduction Act 2006.”

15 (1) Section 153 (length of discretionary custodial sentences: general provision) is amended as follows.

(2) In subsection (2), for the words from “section 1A(5)” to “this Act” substitute “the provisions listed in subsection (3)”.

(3) After that subsection insert—

“(3) The provisions referred to in subsection (2) are—

(a) sections 1(2B) and 1A(5) of the Prevention of Crime Act 1953;

(b) section 51A(2) of the Firearms Act 1968;

(c) sections 139(6B), 139A(5B) and 139AA(7) of the Criminal Justice Act 1988;

(d) sections 110(2) and 111(2) of the Sentencing Act;

(e) sections 226A(4) and 226B(2) of this Act;

(f) section 29(4) or (6) of the Violent Crime Reduction Act 2006.”

16 (1) Section 305(4) (interpretation of Part 12) is amended as follows.

(2) In paragraph (za)—

(a) for “subsection (5) of section 1A” substitute “section 1(2B) or 1A(5)”, and

(b) for “that subsection” substitute “that provision”.

(3) In paragraph (aa)—

(a) for “subsection (7) of section 139AA” substitute “section 139(6B), 139A(5B) or 139AA(7)”, and

(b) for “that subsection” substitute “that provision”.

Coroners and Justice Act 2009 (c. 25)

17 (1) Section 125(6) of the Coroners and Justice Act 2009 (sentencing guidelines: duty of court) is amended as follows.

(2) In paragraph (ea)—

(a) for “section” substitute “sections 1(2B) and”, and

(b) for “offence of threatening with offensive weapon in public” substitute “certain offences involving offensive weapons”.

(3) In paragraph (fa)—

(a) for “section” substitute “sections 139(6B), 139A(5B) and”, and

(b) for “offence of threatening with” substitute “certain offences involving”.