This section applies where a person aged 16 or over is convicted of an offence under—
section 1A of the Prevention of Crime Act 1953 (offence of threatening with offensive weapon in public), or
section 139AA of the Criminal Justice Act 1988 (offence of threatening with article with blade or point or offensive weapon).
If the offence was committed before the day on which section 124 of the Police, Crime, Sentencing and Courts Act 2022 came into force, the court must impose an appropriate custodial sentence unless 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.
If the offence was committed on or after the day on which section 124 of the Police, Crime, Sentencing and Courts Act 2022 came into force, 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.
In this section “appropriate custodial sentence” means—
in the case of a person who is aged 16 or over but under 18 when convicted, a detention and training order of at least 4 months;
in the case of a person who is aged 18 or over but under 21 when convicted, a sentence of detention in a young offender institution for a term of at least 6 months;
in the case of a person who is aged 21 or over when convicted, a sentence of imprisonment for a term of at least 6 months.
This section is subject to section 252A.