HOC 15/2007 The Firearms (Sentencing) (Transitory Provisions) Order 2007 (SI 2007/1324) (Modification of Firearms Act 1968 to apply five years mandatory minimum sentence to 18-20 year olds convicted of certain firearm possession offences)

This Circular looks at the provisions of the Firearms (Sentencing) (Transitory Provisions) Order 2007. This Order came into force in England and Wales on May 28, 2007 by way of SI 1324/2007 (see SI Section).

The Order modifies Section 51A of the Firearms Act 1968 (inserted by Section 287 of the Criminal Justice Act 2003), which provides for minimum sentences to be imposed for offences of possessing certain prohibited firearms.

When originally enacted, Section 51A provided that an offender aged 18 or over, when convicted of a qualifying offence for which a sentence of imprisonment is imposed, would receive a minimum term of five years.

However, the intention of the Criminal Justice Act 2003, to apply a minimum five year sentence to all offenders aged 18 or over, has not been fulfilled because:

?When enacted it was thought that the sentence of detention in a young offender institution and the statutory prohibition on imposing a sentence of imprisonment on 18-20 year olds would be repealed, meaning that offenders 18 or over could be sentenced to a term of imprisonment. However, these repeals have not yet happened and detention remains the appropriate custodial sentence for those aged 18-20.

?The Court of Appeal has ruled that the mandatory minimum sentence of imprisonment referred to in Section 51A Firearms Act 1968 does not include imprisonment for those aged 18-20.

In response to this, this Order has been made to amend Section 51A so that it applies the five year minimum term for offences of possessing certain prohibited firearms to:

?Offenders aged 21 or over who are sentenced to imprisonment.

?18-20 year olds sentenced to detention in a young offender institution.

The offender must be 18 or over on the date of conviction. The maximum sentence for those aged 16-18 at the date of conviction remains three years in a young offender institution.

These modifications apply pending the coming into force of Section 61 of the Criminal Justice and Court Services Act 2000 (abolition of sentences of detention in a young offenders institution for offenders aged 18 to 20 at the time of conviction).

The Circular can be found in full at http://www.circulars.homeoffice.gov.uk