Mandatory?

Labour Shadow Justice Chappie, Richard Baker MSP, made a big fuss about introducing a mandatory sentence for carrying a knife. Here's the amendment to the Criminal Justice and Licensing Bill that he submitted:

10 After section 24, insert—
(1) In section 49 of the Criminal Law (Consolidation) (Scotland) Act 1995 (c.39) (offence of having in a public place an article with a blade or point), after subsection (5) insert—
"(5A) Subsection (5B) applies where—
(a) a person is convicted of an offence under subsection (1),
(b) the offence was committed after the commencement of this subsection, and
(c) when the offence was committed, the person was aged 16 or over.
(5B) Where this subsection applies, the court must impose a sentence of imprisonment of at least 6 months (with or without a fine) unless the court is of the opinion that there are exceptional circumstances relating to the offence or to the offender which justify not doing so.".
(2) In section 207(3A) of the 1995 Act (detention of young offenders: minimum sentences), after paragraph (a) insert—
"(aa) section 49(5B) of the Criminal Law (Consolidation) (Scotland) Act 1995 (minimum sentence for having in a public place an article with a blade or point);".>

Note that bit - "the court must impose a sentence of imprisonment of at least 6 months (with or without a fine) unless the court is of the opinion that there are exceptional circumstances relating to the offence or to the offender which justify not doing so" - it's the part of that amendment that is supposed to introduce a mandatory sentence. It would, in effect, mean that the court will have to change from deciding whether to impose a custodial sentence and how long it should be to, erm, deciding whether to impose a custodial sentence and how long it should be.

Right .....

Mind how you go!