SCHEDULES

SCHEDULE 1Consequential amendments relating to minimum sentences

Criminal Justice Act 2003 (c. 44)

9

(1)

The Criminal Justice Act 2003 is amended as follows.

(2)

In section 142(2)(c) (cases in which courts not required to have regard to purposes of sentencing), after “custodial sentences)” insert “ , under section 29(4) or (6) of the Violent Crime Reduction Act 2006 (minimum sentences in certain cases of using someone to mind a weapon) ”.

(3)

In section 150(cases in which a community order or youth community order may not be imposed), omit the “ or ” at the end of paragraph (c) and after that paragraph insert—

“(ca)

falls to be imposed under section 29(4) or (6) of the Violent Crime Reduction Act 2006 (required custodial sentence in certain cases of using someone to mind a weapon), or”.

(4)

In section 152(1) (cases in which restrictions on imposing custodial sentences do not apply), for “110(2) or 111(2) of the Sentencing Act” substitute “ section 110(2) or 111(2) of the Sentencing Act, under section 29(4) or (6) of the Violent Crime Reduction Act 2006 ”.

(5)

In section 153(2) (which specifies provisions to which the rule about the length of a custodial sentence is subject), after “Sentencing Act” insert “ , section 29(4) or (6) of the Violent Crime Reduction Act 2006 ”.

(6)

In section 174(3)(b) (cases in which there is no obligation to state the reasons for a custodial sentence), for “or under subsection (2) of section 110 or 111 of the Sentencing Act” substitute “ , under subsection (2) of section 110 or 111 of the Sentencing Act or under section 29(4) or (6) of the Violent Crime Reduction Act 2006 ”.

(7)

In section 291(1), after paragraph (a) (power to confine the application of section 51A of the Firearms Act 1968 to persons aged 18 or over) insert—

“(aa)

amend section 29(3)(a) of the Violent Crime Reduction Act 2006 by substituting for the word “16” the word “ 18 ”,”.

(8)

In section 305(4) (interpretation of references to certain sentences), after paragraph (b) insert—

“(ba)

a sentence falls to be imposed under section 29(4) or (6) of the Violent Crime Reduction Act 2006 if it is required by that provision and the court is not of the opinion there mentioned,”.