Part III Law Enforcement and Punishment of Offences

C4C1C551AF5Minimum sentence for certain offences under s. 5

F121

F8Subsections (2) to (5) apply where—

a

an individual is convicted F9in Scotland of—

i

an offence under section 5(1)(a), (ab), (aba), (ac), (ad), (ae), (af) or (c) of this Act, F1. . .

ii

an offence under section 5(1A)(a) of this Act, F2or

F3iii

an offence under any of the provisions of this Act listed in subsection (1A) in respect of a firearm or ammunitionspecified in section 5(1)(a), (ab), (aba), (ac), (ad), (ae),(af) or (c) or section 5(1A)(a) of this Act, and

C2b

the offence was committed after the commencement of this section and at a time when he was aged 16 or over.

F4F121A

The provisions are—

F6za

section 5(2A) (manufacture, sale or transfer of firearm, or possession etc for sale or transfer);

a

section 16 (possession of firearm with intent to injure);

b

section 16A (possession of firearm with intent to cause fear of violence);

c

section 17 (use of firearm to resist arrest);

d

section 18 (carrying firearm with criminal intent);

e

section 19 (carrying a firearm in a public place);

f

section 20(1)(trespassing in a building with firearm).

F122

The court shall impose an appropriate custodial sentence (or order for detention) for a term of at least the required minimum term (with or without a fine) unless 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.

F123

Where 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 section to have been committed on the last of those days.

4

F16In this section “appropriate custodial sentence (or order for detention)” means—

F10C3a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14b

in relation to Scotland—

i

in the case of an offender who is aged 21 or over when convicted, a sentence of imprisonment,

ii

in the case of an offender who is aged under 21 at that time (not being an offender mentioned in sub-paragraph (iii)), a sentence of detention under section 207 of the Criminal Procedure (Scotland) Act 1995, and

iii

in the case of an offender who is aged under 18 at that time and is subject to a supervision requirement, an order for detention under section 44, or sentence of detention under section 208, of that Act.

F155

In this section “the required minimum term” means—

F11a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13b

in relation to Scotland—

i

in the case of an offender who was aged 21 or over when he committed the offence, five years, and

ii

in the case of an offender who was aged under 21 at that time, three years.

F76

For the minimum sentence for certain offences under this Act where an individual is convicted in England and Wales, see section 311 of the Sentencing Code.