SECOND GROUP OF PARTSProvisions applying to sentencing courts generally

PART 4Exercise of court's discretion

CHAPTER 3Seriousness and determining sentence

Aggravating factors

I170Using minor to mind weapon

1

This section applies where—

a

a court is considering the seriousness of an offence under section 28 of the Violent Crime Reduction Act 2006 (using someone to mind a weapon), and

b

when the offence was committed—

i

the offender was aged 18 or over, and

ii

the person used to look after, hide or transport the weapon in question (“the person used”) was not.

2

The court—

a

must treat the fact that the person used was under the age of 18 when the offence was committed as an aggravating factor, and

b

must state in open court that the offence is so aggravated.

3

Subsection (4) applies where the offence is found to have involved the person used's having possession of a weapon, or being able to make it available—

a

over a period of two or more days, or

b

at some time during a period of two or more days.

4

If, on a day during that period, sub-paragraphs (i) and (ii) of subsection (1)(b) were both satisfied, they are to be treated as both being satisfied when the offence was committed.