In order to protect society, as far as is possible, the courts are required in a number of instances to impose the minimum term stipulated by the current law unless it would be unjust to do so or there are exceptional circumstances which require consideration and recognition.
The offences affected are predominantly serious and violent offences and the applicable sentences are imposed by legislation.
The sentencing judge carries the responsibility of ensuring that the minimum sentence is imposed.
In practise, the sentence imposed will exceed the minimum sentence although credit for a guilty plea may be applied.
Minimum Sentence Offences | Kangs Criminal Offence Solicitors
Weapons
Possession of an offensive weapon or blade for a second offence:
- an adult- 6 months imprisonment
- someone aged 16 or 17 – 4 months imprisonment,
unless unjust in all the circumstances.
Burglary
For dwelling house burglary where there have been two or more convictions sentenced on separate occasions:
- 3 years imprisonment.
Firearms
For a variety of firearms offences including, possession, possession with intent to cause fear of violence or intent to injure:
- an adult – 5 years imprisonment,
- someone aged 16 or 17 – 3 years imprisonment,
in the absence of exceptional circumstances.
Drugs
For a variety of Class A drugs offences including production, supply, possession with intent to supply, importing and exporting, if there have been two previous separate convictions for Class A trafficking offences:
- 7 years imprisonment,
unless it is unjust to impose such a sentence.
Unjust can refer to the circumstances of the defendant, the previous relevant convictions or the circumstances of the offence for which the defendant is being sentenced.
How Can We Help? | Kangs Criminal Defence Solicitors
If you require assistance, please do not hesitate to contact any of the following:
John Veale
jveale@kangssolicitors.co.uk
0121 449 9888 | 020 7936 6396
Suki Randhawa
srandhawa@kangssolicitors.co.uk
0121 449 9888 | 020 7936 6396
Helen Holder
hholder@kangssolicitors.co.uk
0121 449 9888 | 020 7936 6396