http://www.legislation.gov.uk/nisi/2004/702/article/70The Firearms (Northern Ireland) Order 2004texttext/xmlenStatute Law Database2024-05-15Expert Participation2021-07-14 PART VIIENFORCEMENT AND OFFENCES<Emphasis>General</Emphasis>Minimum sentence for certain offences701This Article applies where—aan individual is convicted of—ian offence under Article 3(1)(a),iian offence under Article 45(1)(a) , (aa), (b), (c), (d), (e) , (ea), (fa) or (g), oriiian offence under Article 45(2)(a), orivan offence under any of the provisions of this Order listed in paragraph (1A) in respect of a firearm or ammunition specified in Article 3(1)(a) or Article 45(1)(a), (aa), (b), (c), (d), (e) , (ea), (fa) or (g) or (2)(a), andbthe offence was committed after the commencement of this Article and at a time when he had attained the age of 16.1AThe provisions are—aArticle 58 (possession of a firearm with intent);bArticle 59 (use of firearm to resist arrest);cArticle 60 (carrying a firearm with criminal intent);dArticle 61(1) (carrying a firearm in a public place);eArticle 62(1) (trespassing in a building with a firearm).2The court shall—ain the case of an offence under Article 3(1)(a) 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), andbin 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.3Where 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.4In this Article—“appropriate custodial sentence” means—in the case of an offender who has attained the age of 21 when convicted, a sentence of imprisonment, andin the case of an offender who is under the age of 21 at that time, a sentence of detention under section 5(1) of the Treatment of Offenders Act (Northern Ireland) 1968 (c. 29);“the required minimum term” means—in the case of an offender who had attained the age of 21 when he committed the offence, five years, andin the case of an offender who was under the age of 21 at that time, three years.2005 NI 16Word in art. 70(1)(a)(iii) substituted (6.4.2007) by Violent Crime Reduction Act 2006 (c. 38), ss. 51, 66(2), Sch. 2 para. 3(2)(a) (with Sch. 2 para. 3(5)); S.I. 2007/858, art. 2(j)(i)Art. 70(1)(a)(iv) inserted (6.4.2007) by Violent Crime Reduction Act 2006 (c. 38), ss. 51, 66(2), Sch. 2 para. 3(2)(b) (with Sch. 2 para. 3(5)); S.I. 2007/858, art. 2(j)(i)Art. 70(1A) inserted (6.4.2007) by Violent Crime Reduction Act 2006 (c. 38), ss. 51, 66(2), Sch. 2 para. 3(3) (with Sch. 2 para. 3(5)); S.I. 2007/858, art. 2(j)(i)Art. 70(2) excluded by S.I. 1986/595 (N.I. 4), art. 44(1A)(a) (as inserted (15.5.2008) by Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)), arts. 1(4), 102(1), Sch. 5 para. 5(1)); S.R. 2008/217, art. 2, Sch. para. 18(c) (subject to savings in art. 3)Words in art. 70(1)(a)(ii) inserted (14.7.2021) by Offensive Weapons Act 2019 (c. 17), ss. 55(5), 70(1) (with s. 55(7)); S.I. 2021/819, reg. 2(g)Words in art. 70(1)(a)(iv) inserted (14.7.2021) by Offensive Weapons Act 2019 (c. 17), ss. 55(5), 70(1) (with s. 55(7)); S.I. 2021/819, reg. 2(g)