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.