6 Aggravation of offence under section 5

6  Aggravation of offence under section 5

(1)ÌýÌýÌýÌý [Subsections (2) to (10) apply] ¾±´Ú—

(a)ÌýÌýÌýÌý a court [in Scotland or Northern Ireland] is considering the seriousness of an offence under section 5, and

(b)ÌýÌýÌýÌý at the time the offence was committed the offender was aged 18 or over.

(2)ÌýÌýÌýÌý If condition A, B or C is met the court—

(a)ÌýÌýÌýÌý must treat the fact that the condition is met as an aggravating factor (that is to say, a factor that increases the seriousness of the offence), and

(b)ÌýÌýÌýÌý must state in open court that the offence is so aggravated.

(3)ÌýÌýÌýÌý Condition

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