(1)After section 150 of the Criminal Justice Act 2003 (community sentence not available where sentence fixed by law etc.) insert—
(1)The power to make a community order is only exercisable in respect of an offence if—
(a)the offence is punishable with imprisonment; or
(b)in any other case, section 151(2) confers power to make such an order.
(2)For the purposes of this section and section 151 an offence triable either way that was tried summarily is to be regarded as punishable with imprisonment only if it is so punishable by the sentencing court (and for this purpose section 148(1) is to be disregarded).”
(2)Section 151 of that Act (community order for persistent offender previously fined) is amended as follows.
(3)Before subsection (1) insert—
“(A1)Subsection (2) provides for the making of a community order by the court in respect of an offence (“the current offence”) committed by a person to whom subsection (1) or (1A) applies.”
(4)In subsection (1)—
(a)for “Subsection (2) applies where” substitute “This subsection applies to the offender if—
(za)the current offence is punishable with imprisonment;”;
(b)for paragraph (a) substitute—
“(a)the offender was aged 16 or over when he was convicted;”;
(c)in paragraph (b) for “he” substitute “ the offender ”.
(5)After subsection (1) insert—
“(1A)This subsection applies to the offender if—
(a)the current offence is not punishable with imprisonment;
(b)the offender was aged 16 or over when he was convicted; and
(c)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.”
(6)In subsection (3)(a) after “(1)(b)” insert “ or [F1 (1A)(c) ] (as the case may be) ”.
(7)In subsections (4), (5) and (6), for “subsection (1)(b)” insert “ subsections (1)(b) and [F2 (1A)(c) ] ”.
(8)In section 166 of that Act (savings for powers to mitigate etc.), in subsection (1)(a), after “148” insert “ or 151(2) ”.