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.
14
1
In section 204 (exercise of power to impose community order: general considerations), in subsection (2), at the end insert—
This is subject to section 204A (persistent offender previously fined).
2
After that section insert—
204AExercise of power to impose community order: persistent offender previously fined
1
Subsection (2) applies (in addition to section 204(2)) where—
a
a community order is available to a court dealing with an offender by virtue of section 202(1A)(b) (offender fined at least three times), and
b
the offence is not punishable with imprisonment by that court.
2
The court may not make a community order unless it also considers that, having regard to all the circumstances including the matters mentioned in subsection (5), it would be in the interests of justice to make a community order.
3
Subsection (4) applies where—
a
a community order is available to a court dealing with an offender,
b
the offence is punishable with imprisonment,
c
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, and
d
despite the effect of section 65 (effect of previous convictions in determining seriousness), the court would not (apart from this section) regard—
i
the current offence, or
ii
the combination of the current offence and one or more associated offences,
as being serious enough to warrant a community sentence.
4
The court may make a community order in respect of the current offence instead of imposing a fine if it considers that, having regard to all the circumstances including the matters mentioned in subsection (5) it would be in the interests of justice to make a community order.
5
The matters referred to in subsections (2) and (4) are—
a
the nature of the offences to which the previous convictions mentioned in—
i
section 202(1A)(b), or
ii
as the case may be, subsection (3)(c),
relate and their relevance to the current offence, and
b
the time that has elapsed since the offender's conviction of each of those offences.
6
Nothing in this section limits the extent to which a court may, in accordance with section 65, treat any previous convictions of the offender as increasing the seriousness of an offence.