This is subject to section 179A (persistent offender previously fined).

179AExercise of power to make youth rehabilitation order: persistent offender previously fined

1

This section applies where—

a

the offender is aged 16 or 17 when convicted of the offence,

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, and

c

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 youth rehabilitation order.

Paragraph (b) must be read with section 397A (offenders fined at least three times: interpretation).

2

The court may make a youth rehabilitation 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 (3), it would be in the interests of justice to make a youth rehabilitation order.

3

Those matters are—

a

the nature of the offences to which the previous convictions mentioned in subsection (1)(b) relate and their relevance to the current conviction;

b

the time that has elapsed since the offender's conviction of each of those offences.

4

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.