SCHEDULES

SCHEDULE 22Amendments of the Sentencing Code and related amendments of other legislation

PART 4Community sentences

Availability etc of community order

13

In section 202 (availability of community order)—

a

in subsection (1), for paragraph (b) substitute—

b

the seriousness condition is met.

b

after that subsection insert—

1A

The seriousness condition is that—

a

the offence is punishable with imprisonment by that court, or

b

on three or more previous occasions a sentence consisting only of a fine has been passed on the offender on conviction by a court in the United Kingdom of an offence committed by the offender after reaching the age of 16.

1B

Subsection (1A)(b) must be read with section 397A.