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—
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.