Legal Aid, Sentencing and Punishment of Offenders Bill (HL Bill 129)

Legal Aid, Sentencing and Punishment of Offenders BillPage 270

19 (1) Section 150 (community sentence not available where sentence fixed by law
etc) is amended as follows.

(2) After paragraph (a) insert—

(aa) falls to be imposed under section 1A(5) of the Prevention of
5Crime Act 1953 (minimum sentence for offence of
threatening with offensive weapon in public),.

(3) After paragraph (b) insert—

(ba) falls to be imposed under section 139AA(7) of the Criminal
Justice Act 1988 (minimum sentence for offence of
10threatening with article with blade or point or offensive
weapon),.

20 In section 152(1)(b) (general restrictions on imposing discretionary custodial
sentences) for “under section 51A(2) of the Firearms Act 1968 (c. 27)1968 (c. 27),”
substitute “under section 1A(5) of the Prevention of Crime Act 1953, under
15section 51A(2) of the Firearms Act 1968, under section 139AA(7) of the
Criminal Justice Act 1988,”.

21 In section 153(2) (length of discretionary custodial sentences: general
provision) for “section 51A(2) of the Firearms Act 1968 (c. 27)1968 (c. 27),” substitute
“section 1A(5) of the Prevention of Crime Act 1953, section 51A(2) of the
20Firearms Act 1968, section 139AA(7) of the Criminal Justice Act 1988,”.

22 (1) Section 305(4) (interpretation of Part 12) is amended as follows.

(2) Before paragraph (a) insert—

(za) a sentence falls to be imposed under subsection (5) of section
1A of the Prevention of Crime Act 1953 if it is required by that
25subsection and the court is not of the opinion there
mentioned,.

(3) After paragraph (a) insert—

(aa) a sentence falls to be imposed under subsection (7) of section
139AA of the Criminal Justice Act 1988 if it is required by that
30subsection and the court is not of the opinion there
mentioned,.

Armed Forces Act 2006 (c. 52)2006 (c. 52)

23 The Armed Forces Act 2006 is amended as follows.

24 After section 227 (firearms offences) insert—

227A 35 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) 40the 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).

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(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) 5would 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
10reference to a sentence of detention in a young offender institution.

25 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 15In 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 20In section 260(1)(b) (discretionary custodial sentences: general restrictions)
for “227” substitute “227A”.

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

29 In section 273(6)(b) (review of unduly lenient sentence by Court Martial
25Appeal Court) for “or 227” substitute “, 227 or 227A”.

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

(2) After sub-paragraph (r) insert—

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

(3) 30In paragraph (ai)—

(a) after “134” insert “, 139AA”;

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

Coroners and Justice Act 2009 (c. 25)2009 (c. 25)

31 (1) 35Section 125(6) of the Coroners and Justice Act 2009 (sentencing guidelines:
duty of court) is amended as follows.

(2) After paragraph (e) insert—

(ea) section 1A(5) of the Prevention of Crime Act 1953 (minimum
sentence for offence of threatening with offensive weapon in
40public);.

(3) After paragraph (f) insert—

(fa) section 139AA(7) of the Criminal Justice Act 1988 (minimum
sentence for offence of threatening with article with blade or
point or offensive weapon);.

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Section 135

SCHEDULE 26 Causing serious injury by dangerous driving: minor and consequential
amendments

Road Traffic Act 1988 (c. 52)1988 (c. 52)

1 5In section 13A(1) of the Road Traffic Act 1988 (disapplication of sections 1 to
3 for authorised motoring events) after “sections 1,” insert “1A,”.

Road Traffic Offenders Act 1988 (c. 53)1988 (c. 53)

2 The Road Traffic Offenders Act 1988 is amended as follows.

3 In section 23(1A) (alternative verdicts in Scotland) after paragraph (a)
10insert—

(aa) an offence under section 1A of that Act (causing serious
injury by dangerous driving),.

4 (1) Section 24 (alternative verdicts: general) is amended as follows.

(2) In subsection (A2) after paragraph (a) insert—

(aa) 15an offence under section 1A of that Act (causing serious
injury by dangerous driving),.

(3) In the table in subsection (1) in the appropriate place insert—

Section 1A (causing serious
injury by dangerous driving)
Section 2 (dangerous driving)
20Section 3 (careless, and
inconsiderate, driving).

5 In section 34(4) (disqualification for certain offences) after paragraph (a)(ii)
and the “or” after it insert—

(iia) an offence under section 1A of that Act (causing
25serious injury by dangerous driving), or.

6 In section 36(2)(b) (disqualification until test is passed) after “(causing death
by dangerous driving)” insert “, section 1A (causing serious injury by
dangerous driving)”.

7 In section 45(6) (effect of endorsement of counterparts) (until its repeal by
30the Road Safety Act 2006 comes into force)—

(a) after “section 1” insert “, 1A”;

(b) after “causing death by dangerous driving” insert “, causing serious
injury by dangerous driving”.

8 In section 45A(4) (effect of endorsement of driving records) as substituted by
35the Road Safety Act 2006—

(a) after “section 1” insert “, 1A”;

(b) after “causing death by dangerous driving” insert “, causing serious
injury by dangerous driving”.

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9 In the table in Schedule 1 (application of provisions including sections 11
and 12(1): evidence as to driver and proof of identity) in the appropriate
place insert—

RTA section
1A
Causing serious injury
by dangerous driving.
Sections 11 and
512(1) of this Act.

Crime (International Co-operation) Act 2003 (c. 32)2003 (c. 32)

10 In paragraph 3 of Schedule 3 to the Crime (International Co-operation) Act
2003 (application of duty to give notice to foreign authorities of driving
disqualification of a non-UK resident) after sub-paragraph (a) insert—

(aa) 10section 1A (causing serious injury by dangerous driving),.

Armed Forces Act 2006 (c. 52)2006 (c. 52)

11 In paragraph 12(aj) of Schedule 2 to the Armed Forces Act 2006 (“Schedule 2
offences”)—

(a) after “section 1,” insert “1A,”;

(b) 15after “causing death by dangerous driving,” insert “causing serious
injury by dangerous driving,”.