Criminal Justice Act 2003

Section 292

SCHEDULE 29 Sentencing for firearms offences in Northern Ireland

1 The Firearms (Northern Ireland) Order 1981 (S.I. 1981/155 (N.I. 2)) is amended as follows.

2 In Article 2(2) (interpretation) after the definition of “firearms dealer” there is inserted—

““handgun” means any firearm which either has a barrel less than 30 centimetres in length or is less than 60 centimetres in length overall, other than an air weapon, a muzzle-loading gun or a firearm designed as signalling apparatus;”.

3 In Article 3(1) (requirement of firearm certificate) for sub-paragraph (a) there is substituted—

“(aa) has in his possession, or purchases or acquires, a handgun without holding a firearm certificate in force at the time, or otherwise than as authorised by such a certificate;

(ab) has in his possession, or purchases or acquires, any firearm, other than a handgun, without holding a firearm certificate in force at the time, or otherwise than as authorised by such a certificate; or”.

4 After Article 52 of that Order there is inserted—

“52A Minimum sentence for certain offences

(1) This Article applies where—

(a) an individual is convicted of—

(i) an offence under Article 3(1)(aa),

(ii) an offence under Article 6(1)(a), (ab), (ac), (ad), (ae) or (c), or

(iii) an offence under Article 6(1A)(a), and

(b) the offence was committed after the commencement of this Article and at a time when he was aged 16 or over.

(2) The court shall—

(a) in the case of an offence under Article 3(1)(aa) committed by a person who was aged 21 or over when he committed the offence, impose a sentence of imprisonment for a term of five years (with or without a fine), and

(b) in any other case, impose an appropriate custodial sentence for a term of at least the required minimum term (with or without a fine)

unless (in any of those cases) the court is of the opinion that there are exceptional circumstances relating to the offence or to the offender which justify its not doing so.

(3) Where an offence is found to have been committed over a period of two or more days, or at some time during a period of two or more days, it shall be taken for the purposes of this Article to have been committed on the last of those days.

(4) In this Article—

• “appropriate custodial sentence” means—

  (a)

  in the case of an offender who is aged 21 or over when convicted, a sentence of imprisonment, and

  (b)

  in the case of an offender who is aged under 21 at that time, a sentence of detention under section 5(1) of the Treatment of Offenders Act (Northern Ireland) 1968;

• “the required minimum term” means—

  (a)

  in the case of an offender who was aged 21 or over when he committed the offence, five years, and

  (b)

  in the case of an offender who was aged under 21 at that time, three years.”

5 After Article 52A there is inserted—

“52B Power by order to exclude application of minimum sentence to those under 18

(1) The Secretary of State may by order—

(a) amend Article 52A(1)(b) by substituting for the word “16” the word “18”, and

(b) make such other provision as he considers necessary or expedient in consequence of, or in connection with, the provision made by virtue of sub-paragraph (a).

(2) The provision that may be made by virtue of paragraph (1)(b) includes, in particular, provision amending or repealing any statutory provision within the meaning of section 1(f) of the Interpretation Act (Northern Ireland) 1954 (whenever passed or made).

(3) An order under paragraph (1) shall be subject to annulment in pursuance of a resolution of either House of Parliament in like manner as a statutory instrument and section 5 of the Statutory Instruments Act 1946 shall apply accordingly.”

6 (1) Schedule 2 (table of punishments) is amended as follows.

(2) For the entry relating to offences under Article 3(1) (purchase, acquisition or possession of firearm or ammunition without firearm certificate) there is substituted—

“Article 3(1)(aa)	Purchase, acquisition or possession of handgun without firearm certificate	Indictment	10 years or a fine, or both
Article 3(1)(ab)	Purchase, acquisition or possession without firearm certificate of firearm other than handgun	(a) Summary	1 year or a fine of the statutory maximum, or both
		(b) Indictment	5 years or a fine, or both
Article 3(1)(b)	Purchase, acquisition or possession of ammunition without firearm certificate	(a) Summary	1 year or a fine of the statutory maximum, or both
		(b) Indictment	5 years or a fine, or both”.

(3) For the entries relating to offences under Article 6(1) (manufacture, dealing in or possession of prohibited weapons) and Article 6(1A) (possession of or dealing in other prohibited weapons) there is substituted—

“Article 6(1)(a), (ab), (ac), (ad), (ae) and (c)	Manufacture, dealing in or possession of prohibited weapons.	Indictment	10 years or a fine, or both
Article 6(1)(b)	Manfacture, dealing in or possession of prohibited weapon designed for discharge of noxious liquid etc.	(a) Summary	1 year or a fine of the statutory maximum, or both
		(b) Indictment	10 years or a fine, or both
Article 6 (1A)(a)	Possession of or dealing in firearm disguised as other object	Indictment	10 years or a fine, or both
Article 6(1A)(b), (c), (d), (e), (f) or (g)	Possession of or dealing in other prohibited weapons	(a) Summary	6 months or a fine of the statutory maximum, or both
(b) Indictment	10 years or a fine, or both”.