SCHEDULES

SCHEDULE 22Amendments of the Sentencing Code and related amendments of other legislation

PART 5Custodial sentences

Minimum sentences: firearms and corrosive substances

I181

1

Schedule 20 (detention under section 250 and minimum sentences: firearms offences) is amended as follows.

2

After paragraph 1 insert—

1A

An offence under section 5(1)(ag) or (ba) of the Firearms Act 1968 committed on or after the amendment date (as defined by paragraph 81(6) of Schedule 22).

3

In paragraph 3, for “committed in respect of a relevant firearm or relevant ammunition” substitute—

a

committed in respect of a relevant firearm or relevant ammunition, or

b

committed on or after the amendment date (as defined by paragraph 81(6) of Schedule 22) in respect of a firearm specified in section 5(1)(ag) or (ba) of the Firearms Act 1968.

4

In paragraph 4(1), for “committed on or after 6 April 2007 in respect of a relevant firearm or relevant ammunition” substitute

a

committed on or after 6 April 2007 in respect of a relevant firearm or relevant ammunition, or

b

committed on or after the amendment date (as defined by paragraph 81(6) of Schedule 22) in respect of a firearm specified in section 5(1)(ag) or (ba) of the Firearms Act 1968.

5

In paragraph 5, for the words following “where” substitute

a

the dangerous weapon in respect of which the offence was committed was a relevant firearm, or

b

the offence was committed on or after the amendment date (as defined by paragraph 81(8) of Schedule 22) in respect of a dangerous weapon which was a firearm specified in section 5(1)(ag) or (ba) of the Firearms Act 1968.

6

For the purposes of the amendments of Schedule 20 made by sub-paragraphs (2) to (4), the “amendment date” means—

a

the date on which those sub-paragraphs come into force, or

b

if earlier, the 2019 Act commencement date.

7

The 2019 Act commencement date is the date on which section 54(6) of the Offensive Weapons Act 2019 comes into force.

But if paragraph 7 of Schedule 2 to that Act comes into force on a different date, that date is the 2019 Act commencement date for the purposes of Schedule 20 as it applies for the purposes of section 250.

8

For the purposes of the amendment of Schedule 20 made by sub-paragraph (5), the “amendment date” means—

a

the date on which that sub-paragraph comes into force, or

b

if earlier, the date on which paragraph 10 of Schedule 2 to the Offensive Weapons Act 2019 comes into force.