Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10)

SCHEDULES

SCHEDULE 26 E+W Knives and offensive weapons: minor and consequential amendments

Armed Forces Act 2006 (c. 52) E+W

23 E+W The Armed Forces Act 2006 is amended as follows.

24 E+W After section 227 (firearms offences) insert—

“227A Offences of threatening with a weapon in public or on school premises

(1) This section applies if—

(a) a person aged 18 or over is convicted by a court of an offence under section 42 (criminal conduct); and

(b) the corresponding offence under the law of England and Wales is an offence under section 1A of the Prevention of Crime Act 1953 or section 139AA of the Criminal Justice Act 1988 (threatening with article with blade or point or offensive weapon in public or on school premises).

(2) The court must impose a sentence of imprisonment for a term of at least 6 months unless the court is of the opinion that there are particular circumstances which—

(a) relate to the offence or to the offender, and

(b) would make it unjust to do so in all the circumstances.

(3) In relation to times before the coming into force of section 61 of the Criminal Justice and Court Services Act 2000, the reference in subsection (2) to a sentence of imprisonment, in relation to an offender aged under 21 at the time of conviction, is to be read as a reference to a sentence of detention in a young offender institution.”

25 E+W In section 237(3) (duty to have regard to purposes of sentencing etc) after paragraph (b) insert “;

(c) an offence the sentence for which falls to be imposed under section 227A(2).”

26 E+W In section 239 (reduction in sentences for guilty pleas) at the end insert—

“(6) Nothing in section 227A(2) prevents the court, after taking into account any matter mentioned in subsection (2) of this section, from imposing any sentence which is at least 80% of that specified in section 227A(2).”

27 E+W In section 260(1)(b) (discretionary custodial sentences: general restrictions) for “227” substitute “ 227A ”.

28 E+W In section 261(3) (length of discretionary custodial sentences: general provision) for “and 227” substitute “ , 227 and 227A ”.

29 E+W In section 273(6)(b) (review of unduly lenient sentence by Court Martial Appeal Court) for “or 227” substitute “ , 227 or 227A ”.

30 (1) Paragraph 12 of Schedule 2 (“Schedule 2 offences”) is amended as follows. E+W

(2) After sub-paragraph (r) insert—

“(ra) an offence under section 1A of the Prevention of Crime Act 1953 (threatening with offensive weapon in public);”.

(3) In sub-paragraph (ai)—

(a) after “134” insert “ , 139AA ”;

(b) after “torture,” insert “ threatening with article with blade or point or offensive weapon, ”.