Explanatory note

These Regulations bring into force paragraphs 81 to 83 of Part 5 of Schedule 22 to the Sentencing Act 2020 (c. 17) (“the Act”), which make amendments to other provisions in the Act in connection with minimum custodial sentences for offences involving firearms and corrosive substances.

Paragraph 81 of Schedule 22 to the Act amends Schedule 20 to the Act (detention under section 250 and minimum sentences: firearms offences) to include offences relating to the firearms listed in section 5(1)(ag) and (ba) of the Firearms Act 1968 (c. 27) (“the 1968 Act”) (weapons subject to general prohibition), such as the offences of possession, purchasing or acquiring those firearms. Section 5(1)(ag) was inserted into the 1968 Act by section 54(2) of the Offensive Weapons Act 2019 (c. 17) (“the 2019 Act”). Section 5(1)(ba) was inserted into the 1968 Act by section 54(3) of the 2019 Act.

Paragraph 82 of Schedule 22 to the Act amends section 315 of the Act (minimum sentence for repeat offence involving weapon or bladed article) to include the offence in section 6(1) of the 2019 Act of having a corrosive substance in a public place in the list of index offences to which section 315 applies.

Paragraph 83 of Schedule 22 to the Act amends the description of section 315 of the Act as it appears in sections 73(4) (reduction in sentence for guilty plea), 234(2)(b) (detention and training order: availability) and 399(c)(v) (mandatory sentences) of the Act so that the description includes the words “or corrosive substance”.

Regulation 3 makes related amendments to the Act so that the references to the relevant provisions coming into force are replaced with the actual date on which they come into force.