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| | “(2A) | Section (2B) applies where— |
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| | (a) | a person is convicted of an offence under subsection (1) |
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| | committed after this subsection is commenced; |
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| | (b) | at the time when the offence was committed, he was 16 or over |
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| | and had one other conviction under— |
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| | (iii) | section 139 of the Criminal Justice Act 1988; |
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| | (iv) | section 139A of the Criminal Justice Act 1988; or |
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| | (v) | section 139AA of the Criminal Justice Act 1988; |
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| | (c) | the offence was committed after he had been convicted of the |
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| | (2B) | Where a person aged 16 or over is convicted of an offence under this |
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| | section, the court must impose an appropriate custodial sentence (with or |
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| | without a fine) unless the court is of the opinion that there are particular |
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| | (a) | relate to the offence or to the offender, and |
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| | (b) | would make it unjust to do so in all the circumstances. |
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| | (2C) | In this section “appropriate custodial sentence” means— |
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| | (a) | in the case of a person who is aged 18 or over when convicted, a |
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| | sentence of imprisonment for a term of at least six months; |
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| | (b) | in the case of a person who is aged at least 16 but under 18 when |
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| | convicted, a detention and training order of at least 4 months. |
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| | (2D) | Where an offence is found to have been committed over a period of two |
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| | or more days, or at some time during a period of two or more days, it shall |
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| | be taken for the purposes of this section to have been committed on the |
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| | |
| | (2E) | In relation to times before the coming into force of paragraph 180 of |
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| | Schedule 7 to the Criminal Justice and Court Services Act 2000, the |
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| | reference in subsection (2B)(a) to a sentence of imprisonment, in relation |
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| | to an offender aged under 21 at the time of conviction, is to be read as a |
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| | reference to a sentence of detention in a young offender institution.”. |
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| | (3) | The Criminal Justice Act 1988 is amended as follows. |
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| | (4) | In section 139 (Offence of having article with blade or point in public place) after |
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| | “(6A) | Section (6B) applies where— |
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| | (a) | a person is convicted of an offence under subsection (1) |
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| | committed after this subsection is commenced; |
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| | (b) | at the time when the offence was committed, he was 16 or over |
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| | and had one other conviction under— |
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| | (iv) | sections (1) or (1A) of the Prevention of Crime Act |
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| | (c) | the offence was committed after he had been convicted of the |
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| | (6B) | Where a person aged 16 or over is convicted of an offence under this |
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| | section, the court must impose an appropriate custodial sentence (with or |
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| | without a fine) unless the court is of the opinion that there are particular |
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| | |
| | (a) | relate to the offence or to the offender, and |
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| | (b) | would make it unjust to do so in all the circumstances. |
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| | (6C) | In this section “appropriate custodial sentence” means— |
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| | (a) | in the case of a person who is aged 18 or over when convicted, a |
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| | sentence of imprisonment for a term of at least 6 months; |
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| | (b) | in the case of a person who is aged at least 16 but under 18 when |
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| | convicted, a detention and training order of at least four months. |
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| | (6D) | Where an offence is found to have been committed over a period of two |
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| | or more days, or at some time during a period of two or more days, it shall |
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| | be taken for the purposes of this section to have been committed on the |
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| | |
| | (6E) | In relation to times before the coming into force of paragraph 180 of |
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| | Schedule 7 to the Criminal Justice and Court Services Act 2000, the |
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| | reference in subsection (6B) to a sentence of imprisonment, in relation to |
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| | an offender aged under 21 at the time of conviction, is to be read as a |
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| | reference to a sentence of detention in a young offender institution.”. |
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| | (5) | In section 139A (Offence of having article with blade or point (or offensive |
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| | weapon)) on school premises after subsection (5) insert— |
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| | “(5A) | Section (5B) applies where— |
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| | (a) | a person is convicted of an offence under subsection (1) |
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| | committed after this subsection is commenced; |
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| | (b) | at the time when the offence was committed, he was 16 or over |
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| | and had one other conviction under— |
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| | |
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| | (iv) | sections (1) or (1A) of the Prevention of Crime Act |
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| | |
| | (c) | the offence was committed after he had been convicted of the |
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| | |
| | (5B) | Where a person aged 16 or over is convicted of an offence under this |
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| | section, the court must impose an appropriate custodial sentence (with or |
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| | without a fine) unless the court is of the opinion that there are particular |
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| | |
| | (a) | relate to the offence or to the offender, and |
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| | (b) | would make it unjust to do so in all the circumstances. |
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| | (5C) | In this section “appropriate custodial sentence” means— |
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| | (a) | in the case of a person who is aged 18 or over when convicted, a |
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| | sentence of imprisonment for a term of at least 6 months; |
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| | (b) | in the case of a person who is aged at least 16 but under 18 when |
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| | convicted, a detention and training order of at least four months. |
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| | (5D) | Where an offence is found to have been committed over a period of two |
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| | or more days, or at some time during a period of two or more days, it shall |
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| |
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| | be taken for the purposes of this section to have been committed on the |
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| | |
| | (5E) | In relation to times before the coming into force of paragraph 180 of |
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| | Schedule 7 to the Criminal Justice and Court Services Act 2000, the |
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| | reference in subsection (5B) to a sentence of imprisonment, in relation to |
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| | an offender aged under 21 at the time of conviction, is to be read as a |
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| | reference to a sentence of detention in a young offender institution.”.’. |
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| | Possessing an offensive weapon or bladed article in public or on school premises: |
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| | sentencing for second offences for those aged 18 or over |
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| To move the following Clause:— |
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| | ‘(1) | The Prevention of Crime Act 1953 is amended as follows. |
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| | (2) | In section 1 (Prohibition of the carrying of offensive weapons without lawful |
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| | authority or reasonable excuse) after subsection (2) insert— |
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| | “(2A) | Subsection (2B) applies where— |
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| | (a) | a person is convicted of an offence under subsection (1) |
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| | committed after this subsection is commenced; |
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| | (b) | at the time when the offence was committed, he was 18 or over |
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| | and had one other conviction under— |
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| | |
| | |
| | (iii) | section 139 of the Criminal Justice Act 1988; |
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| | (iv) | section 139A of the Criminal Justice Act 1988; or |
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| | (v) | section 139AA of the Criminal Justice Act 1988; |
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| | (c) | the offence was committed after he had been convicted of the |
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| | |
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| |
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| | (2B) | Where a person is convicted of an offence under subsection (1) the court |
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| | must impose a sentence of imprisonment for a term of at least 6 months |
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| | unless the court is of the opinion that there are particular circumstances |
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| | |
| | (a) | relate to the offence or to the offender, and |
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| | (b) | would make it unjust to do so in all the circumstances. |
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| | (2C) | Where an offence is found to have been committed over a period of two |
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| | or more days, or at some time during a period of two days or more, it shall |
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| | be taken for the purposes of this section to have been committed on the |
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| | |
| | (2D) | In relation to times before the coming into force of paragraph 180 of |
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| | Schedule 7 to the Criminal Justice and Court Services Act 2000, the |
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| | reference in subsection (2B) to a sentence of imprisonment in relation to |
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| | an offender aged under 21 at the time of conviction, is to be read as a |
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| | reference to a sentence of detention in a young offender institution.”. |
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| | (3) | The Criminal Justice Act 1988 is amended as follows. |
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| | (4) | In section 139 (Offence of having article with blade or point in public place) after |
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| | |
| | “(6A) | Subsection (6b) applies where— |
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| | (a) | a person is convicted of an offence under subsection (1) |
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| | committed after this subsection is commenced; |
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| | (b) | at the time when the offence was committed, he was 18 or over |
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| | and had one other conviction under— |
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| | |
| | |
| | |
| | (iv) | sections (1) or (1A) of the Prevention of Crime Act |
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| | |
| | (c) | the offence was committed after he had been convicted of the |
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| | |
| | (6B) | Where a person is convicted of an offence under subsection (1) the court |
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| | must impose a sentence of imprisonment for a term of at least 6 months |
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| | unless the court is of the opinion that there are particular circumstances |
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| | |
| | (a) | relate to the offence or to the offender, and |
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| | (b) | would make it unjust to do so in all the circumstances. |
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| | (6C) | Where an offence is found to have been committed over a period of two |
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| | or more days, or at some time during a period of two or more days, it shall |
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| | be taken for the purposes of this section to have been committed on the |
|
| | |
| | (6D) | In relation to times before the coming into force of paragraph 180 of |
|
| | Schedule 7 to the Criminal Justice and Court Services Act 2000, the |
|
| | reference in subsection (6B) 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.”. |
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| | (5) | In section 139A (Offence of having article with blade or point (or offensive |
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| | weapon)) on school premises after subsection (5) insert— |
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|