Coroners and Justice Act 2009

Availability of community orders

8 (1) Section 151 of the Criminal Justice Act 2003 (c. 44) (community order or youth rehabilitation order for persistent offender previously fined) (as amended by the Criminal Justice and Immigration Act 2008 (c. 4)) is amended as follows.

(2) For subsection (1)(b) substitute—

“(b) on three or more previous occasions a sentence consisting only of a fine has been passed on the offender on conviction—

(i) by a court in the United Kingdom of an offence committed by the offender after attaining the age of 16, or

(ii) by a court in another member State of a relevant offence so committed, and”.

(3) For subsection (1A)(c) substitute—

“(c) on three or more previous occasions a sentence consisting only of a fine has been passed on the offender on conviction—

(i) by a court in the United Kingdom of an offence committed by the offender after attaining the age of 16, or

(ii) by a court in another member State of a relevant offence so committed.”

(4) For subsection (2A)(b) substitute—

“(b) on three or more previous occasions a sentence consisting only of a fine has been passed on the offender on conviction—

(i) by a court in the United Kingdom of an offence committed by the offender after attaining the age of 16, or

(ii) by a court in another member State of a relevant offence so committed, and”.

(5) After subsection (4) insert—

“(4A) For the purposes of subsections (1)(b), (1A)(c) and (2A)(b), an offence is “relevant” if the offence would constitute an offence under the law of any part of the United Kingdom if it were done there at the time of the conviction of the defendant for the current offence.”

(6) In subsection (8) (as inserted by Schedule 16 to the Armed Forces Act 2006 (c. 52))—

(a) in paragraph (a) for the words “within the meaning of the Armed Forces Act 2006; and”, substitute “or a member State service offence;”,

(b) in paragraph (b)—

(i) after “service disciplinary proceedings” insert “(other than proceedings for a member State service offence)”, and

(ii) for “that Act” substitute “the Armed Forces Act 2006”, and

(c) after that paragraph insert—

“(c) member State service offence” means an offence which—

(i) was the subject of proceedings under the service law of a member State other than the United Kingdom, and

(ii) would constitute an offence under the law of any part of the United Kingdom, or a service offence, if it were done in any part of the United Kingdom, by a member of Her Majesty’s forces, at the time of the conviction of the defendant for the current offence;

(d) “Her Majesty’s forces” has the same meaning as in the Armed Forces Act 2006;

(e) “service law”, in relation to a member State other than the United Kingdom, means the law governing all or any of the naval, military or air forces of that State;

(f) “service offence” has the same meaning as in the Armed Forces Act 2006.”