Part 7: Sentencing and release Chapter 1: Custodial sentences Section 124: Minimum sentences for particular offences
Section 124 amends the criteria for passing a sentence below the minimum term for particular offences. Subsection (1) provides that the Code is amended in accordance with subsections (2) to (7).
	The changes apply to offences relating to the (i) minimum sentence of 6 months (adults) or 4 months detention and training order (16- and 17-year-olds) for threatening with a weapon or bladed article (section 312 of the Code), (ii) minimum sentence of 7 years for third class A drug trafficking offence (section 313 of the Code), (iii) minimum sentence of 3 years for third domestic burglary (section 314 of the Code) and (iv) minimum sentence of 6 months (adults) or 4 months detention and training order (16- and 17-year olds) for a repeat offence involving weapon or bladed article (section 315 of the Code).
	Subsections (2) to (5) amend subsection (2) of each of sections 312 to 315 of the Code and insert a new subsection (2A). Subsection (2) sets out the current criteria for passing a sentence below the minimum term and provides that the court must impose an appropriate custodial sentence, except where the court is of the opinion that there are particular circumstances which relate to the offence or to the offender; and would make it unjust to do so in all the circumstances. New subsection (2A) of each of sections 312 to 315 provides that the court must impose an appropriate custodial sentence unless the court is of the opinion that there are exceptional circumstances which relate to the offence or to the offender and justify not doing so. Subsection (2) of each of sections 312 to 315 has been amended so that it applies to cases where the offence was committed before the commencement of the provisions. New subsection (2A) of each of sections 312 to 315 applies to offences committed on or after the commencement of the provisions.
	Subsection (6) amends section 316(1)(a) (appeals where previous conviction set aside) of the Code to refer to each of the new subsections (2A) for the repeat strike offences that were listed in these provisions.
	Subsection (7) amends section 320 of the Code to include an offence under section 312 so that where an offence is found to have been committed over or during a period of two or more days, it is taken to be committed on the last of those days.
	Subsection (8) amends section 399(c) (mandatory sentence requirements) of the Code to refer to the new subsections (2A) for the offences in sections 312-315 of the Code.
	Subsection (9) amends uncommenced provisions in Schedule 22 to the 2020 Act. There are provisions in this schedule that abolish sentences of detention in a young offender institution ("DYOI"). Once these provisions are commenced, any references to DYOI sentences in sections 313 and 314 of the Code will need to be removed. Subsections (9)(a) and (b) therefore amend paragraphs 66 and 67 of Schedule 22 so that, once commenced, the references to DYOI sentences in the new subsection (2A) in each of sections 313 and 314 will be removed.
	Subsection (10) introduces Schedule 12 which contains the consequential amendments. Subsections (10) and (11) make clear that these amendments apply to offences committed on or after the commencement of these provisions and that where an offence is found to be committed over several days, it is taken to be committed on the last of those days.