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Criminal Justice and Immigration Act 2008, Paragraph 76 is up to date with all changes known to be in force on or before 05 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Valid from 30/11/2009
76(1)Section 151 (community order for persistent offender previously fined) is amended as follows.E+W
(2)In the title, after “community order” insert “ or youth rehabilitation order ”.
(3)In subsections (1)(a) and [F1 (1A)(b) ], for “16” substitute “ 18 ”.
(4)After subsection (2) insert—
“(2A)Subsection (2B) applies where—
(a)a person aged 16 or 17 is convicted of an offence (“the current offence”);
(b)on three or more previous occasions the offender has, on conviction by a court in the United Kingdom of any offence committed by him after attaining the age of 16, had passed on him a sentence consisting only of a fine; and
(c)despite the effect of section 143(2), the court would not (apart from this section) regard the current offence, or the combination of the current offence and one or more offences associated with it, as being serious enough to warrant a youth rehabilitation order.
(2B)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 such an order.”
(5)In subsection (3)—
(a)after “(2)” insert “ and (2B) ”; and
(b)in paragraph (a) for “or [F2 (1A)(c) ]” substitute “ [F2 (1A)(c) ] or (2A)(b) ”.
(6)In subsections (4), (5) and (6), for “and [F3 (1A)(c) ]” substitute “ [F3 (1A)(c) ] and (2A)(b) ”.
(7)In section 166 (savings for powers to mitigate etc.), in subsection (1)(a) after “151(2)” insert “ or (2B) ”.
Textual Amendments
F1Word in Sch. 4 para. 76(3) substituted (12.11.2009) by Coroners and Justice Act 2009 (c. 25), s. 182(1)(h), Sch. 21 para. 98(3)(a) (with s. 180)
F2Word in Sch. 4 para. 76(5)(b) substituted (12.11.2009) by Coroners and Justice Act 2009 (c. 25), s. 182(1)(h), Sch. 21 para. 98(3)(b) (with s. 180)
F3Word in Sch. 4 para. 76(6) substituted (12.11.2009) by Coroners and Justice Act 2009 (c. 25), s. 182(1)(h), Sch. 21 para. 98(3)(b) (with s. 180)
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