The Criminal Justice and Courts Act 2015 (Commencement No. 2) Order 2015

Made: 2nd July 2015

The Secretary of State makes the following Order in the exercise of the power conferred by section 95(1) of the Criminal Justice and Courts Act 2015[^f00001].

Citation

1

This Order may be cited as the Criminal Justice and Courts Act 2015 (Commencement No. 2) Order 2015.

Commencement of provisions of the Criminal Justice and Courts Act 2015

2

The following provisions of the Criminal Justice and Courts Act 2015 come into force on 17th July 2015—

• (a) section 28 (minimum sentence for repeat offences involving offensive weapons etc); and

• (b) Schedule 5 (minimum sentence for repeat offences involving offensive weapons etc: consequential provision).

Signed

Mike Penning — Minister of State — Ministry of Justice — 2nd July 2015

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order commences section 28 of, and Schedule 5 to, the Criminal Justice and Courts Act 2015 (c. 2). Section 28 creates a minimum custodial sentence for a second (or further) conviction for possession of a knife or offensive weapon. The minimum custodial sentence which the court must impose is 6 months imprisonment for those aged 18 or over when convicted and a four month detention and training order for those aged 16 or 17 when convicted, unless there are particular circumstances relating to the offence, previous offence(s) or offender which would make it unjust to impose such a sentence. The second or further offence must be committed after the commencement of these provisions. Schedule 5 sets out the consequential amendments necessary in respect of section 28.

Footnotes

[^f00001]: 2015 c. 2.