Part 8Sentencing Powers and Mandatory etc Sentences

Chapter 6Mandatory etc Custodial Sentences for Certain Offences

Required sentences

I1227Firearms offences

1

This section applies if—

a

a person is convicted by the Court Martial of an offence under section 42 (criminal conduct); and

b

if his conviction had been by a civilian court in England and Wales of the corresponding offence under the law of England and Wales, section 51A of the Firearms Act 1968 (c. 27) (minimum sentences for certain firearms offences) would apply.

2

The Court Martial must impose the sentence required by section 51A(2) of that Act (as that provision has effect in relation to England and Wales), unless it is of the opinion that there are exceptional circumstances relating to the offence or to the offender which justify its not doing so.

3

In section 51A(4)(a)(ii) of that Act (interpretation of section 51A(2)), as applied by this section, the reference to a sentence of detention under section 91 of the Sentencing Act is to be read as a reference to a sentence of detention under section 209 of this Act.