Commentary on Sections Part 12 - Sentencing Chapter 8: Other Provisions about sentencing Section 288: Certain firearms offences to be triable only on indictment
635.This Section amends Part 1 of Schedule 6 to the 1968 Act and makes all offences to which the minimum sentence applies triable on indictment only. At present, these offences are triable either way. However, the minimum sentence is beyond the sentencing powers of magistrates and (but for this section) magistrates would have to make a preliminary assessment of whether any exceptional circumstances were involved before determining whether a case should go to the Crown Court.