35Relevant considerationsE+W
(1)This section applies where the court is deciding whether the circumstances of the case make it appropriate for exemplary damages to be awarded under section 34.
(2)The court must have regard to the principle that exemplary damages must not usually be awarded if, at any time before the decision comes to be made, the defendant has been convicted of an offence involving the conduct complained of.
(3)The court must take account of the following—
(a)whether membership of an approved regulator was available to the defendant at the material time;
(b)if such membership was available, the reasons for the defendant not being a member;
(c)so far as relevant in the case of the conduct complained of, whether internal compliance procedures of a satisfactory nature were in place and, if so, the extent to which they were adhered to in that case.
(4)The reference in subsection (3)(c) to “internal compliance procedures” being in place is a reference to any procedures put in place by the defendant for the purpose of ensuring that—
(a)material is not obtained by or on behalf of the defendant in an inappropriate way, and
(b)material is not published by the defendant in inappropriate circumstances.
(5)The court may regard deterring the defendant and others from similar conduct as an object of punishment.
(6)This section is not to be read as limiting the power of the court to take account of any other matters it considers relevant to its decision.
Commencement Information
I1Ss. 34-39 in force at 3.11.2015 by virtue of s. 61(7) of this Act (and see explanatory note to S.I. 2015/1837)