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.