C1Part 9Sentencing: Principles and Procedures
Chapter 2Principles and Procedures applying to Service Courts Only
Community punishments
270AF1Exception to restrictions on community punishments
1
If the conditions in subsection (2) are met, the power to award a community punishment in respect of an offence (“the current offence”) may be exercised even though the court would not otherwise regard—
a
the current offence, or
b
the combination of the current offence and one or more offences associated with it,
as serious enough to warrant a community punishment (despite the effect of section 238(1)(b)).
2
The conditions referred to in subsection (1) are—
a
that the offender was aged 16 or over when convicted of the current offence;
b
that on three or more previous occasions the offender has been awarded a relevant financial penalty; and
c
that the court, having regard to all the circumstances, considers that it would be in the interests of justice to award a community punishment.
3
In subsection (2)(b) a “relevant financial penalty” means a sentence consisting only of a fine—
a
b
passed on the offender on conviction by a civilian court in the British Islands of an offence so committed; F9...
F10c
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4
For the purposes of subsection (2)(b) it is immaterial whether the offender has on other previous occasions been awarded a sentence other than a relevant financial penalty.
5
The circumstances which must be had regard to under subsection (2)(c) include—
a
the nature of the offences for which the relevant financial penalties were awarded;
b
the relevance of those offences to the current offence; and
c
the time that has elapsed since those penalties were awarded.
6
For the purposes of subsection (3), none of the following forms part of an offender's sentence—
F3za
a criminal courts charge order (or an order under section 21A of the Prosecution of Offences Act 1985 (criminal courts charge));
a
a service compensation order;
b
a compensation order under—
F5i
section 133 of the Sentencing Code (or section 130 of the Powers of Criminal Courts (Sentencing) Act 2000);
ii
section 249 of the Criminal Procedure (Scotland) Act 1995; or
iii
Article 14 of the Criminal Justice (Northern Ireland) Order 1994;
d
an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013.
F4e
a slavery and trafficking reparation order under section 8 of the Modern Slavery Act 2015.
7
This section does not limit the extent to which a court may, in accordance with section 238, treat previous convictions of the offender as increasing the seriousness of an offence.
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Pt. 9 modified (31.10.2009) by The Armed Forces (Court Martial) Rules 2009 (S.I. 2009/2041), art. 1, s. 163