Section 227A Offences of threatening with a weapon in public or on school premisesC1

(1)

F1This 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).

(1A)

F2Where the offender is aged under 21 at the time of conviction, the court must impose a sentence of detention in a young offender institution for a term of at least 6 months unless the court is of the opinion that there are F3exceptional circumstances which—

(a)

relate to the offence or to the offender, and

(b)

F4justify not doing so.

(2)

F5Where the offender is aged 21 or over at the time of conviction, 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 F6exceptional circumstances which—

(a)

relate to the offence or to the offender, and

(b)

F7justify not doing so.

(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations

Textual amendments

F1: S. 227A inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 26 para. 24; S.I. 2012/2770, art. 2(f)
F2: S. 227A(1A) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 49(2) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2
F3: Words in s. 227A(1A) substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(k), Sch. 12 para. 5(2)(a)(3) (with s. 124(11)(12))
F4: S. 227A(1A)(b) substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(k), Sch. 12 para. 5(2)(b)(3) (with s. 124(11)(12))
F5: Words in s. 227A(2) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 49(3) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2
F6: Words in s. 227A(2) substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(k), Sch. 12 para. 5(4)(a) (with s. 124(11)(12))
F7: S. 227A(2)(b) substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(k), Sch. 12 para. 5(4)(b) (with s. 124(11)(12))
F8: S. 227A(3) omitted (1.12.2020) by virtue of Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 49(4) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

Modifications

C1: S. 227A modified in part (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), ss. 1, 5(2)(3) (with s. 5(9)); S.I. 2012/1236, reg. 2

Notes on the whole Act

Textual amendments

F1: Act expires on 15.12.2022 by virtue of s. 382 (as substituted (15.12.2021) by Armed Forces Act 2021 (c. 35), ss. 1(1), 24(2)(a)) (subject to power to continue in s. 382(2)(3) as so substituted)