Template:Section109: Difference between revisions

Latest revision as of 07:35, 22 April 2020

The order prohibits "the person from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition and explosive".

- - Duration (first offence): The Order prohibiting to "firearms" (other than a prohibited firearm or restricted firearm) and "crossbow, restricted weapon, ammunition and explosive substance" is for not less than 10 years starting at release from custody or at sentencing where custody is not ordered. The Order prohibiting "prohibited firearm, restricted firearm, prohibited weapon, prohibited device" is for life.
  - Duration (subsequent s. 109 offence): The duration must be life for all enumerated weapons and firearms. Notice of increased penalty under s. 727 required.

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 {{#switch: {{{1}}}
-  | A =On conviction under {{{2}}} where "violence against a person was used, threatened or attempted", and punishable by "imprisonment for ten years or more", the [[Weapons Prohibition Orders|weapons prohibition order]] is ''mandatory'' under s. 109(1)(a) ''or'' where "violence was used, threatened or attempted against" an enumerated party relating to a domestic partnership a weapons prohibition order is mandatory under s. 109(1)(a.1).
+  | A =On conviction under {{{2}}} where "violence against a person was used, threatened or attempted", and punishable by "imprisonment for ten years or more", the [[Weapons Prohibition Orders|weapons prohibition order]] is '''mandatory''' under s. 109(1)(a) ''or'' where "violence was used, threatened or attempted against" an enumerated party relating to a domestic partnership a weapons prohibition order is '''mandatory''' under s. 109(1)(a.1).
-  | BorC=For offences under {{{2}}} that are enumerated under s. 109(b) or (c), the prohibition order is ''mandatory'' regardless of election. The order prohibits "the person from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition and explosive"
+  | BorC=For offences under {{{2}}} that are enumerated under s. 109(1)(b) or (c), the prohibition order is '''mandatory''' regardless of election. The order prohibits "the person from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition and explosive"
-  | D=For offences under {{{2}}} where "the subject-matter of which is, a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, any ammunition, any prohibited ammunition or an explosive substance and, at the time of the offence, the person was prohibited" by court order, a ''mandatory'' weapons prohibition order under s. 109(1)(d) is required regardless of election.
+  | D=For offences under {{{2}}} where "the subject-matter of which is, a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, any ammunition, any prohibited ammunition or an explosive substance and, at the time of the offence, the person was prohibited" by court order, a '''mandatory''' weapons prohibition order under s. 109(1)(d) is required regardless of election.
   | = ERROR
 }}The order prohibits "the person from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition ''and'' explosive".