C1Part 9Sentencing: Principles and Procedures

Annotations:
Modifications etc. (not altering text)

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

passed on the offender in respect of a service offence F7... committed by the offender when aged 16 or over; F8or

b

passed on the offender on conviction by a civilian court in the British Islands of an offence so committed; F9...

F10c

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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;

c

a surcharge under F6section 42 of the Sentencing Code (or section 161A of the 2003 Act)F2;

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.

F118

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