[397A Offenders fined at least three times: interpretation]
Sentencing Act 2020 (2020 c 17) | Legislation

[397A  Offenders fined at least three times: interpretation]

[(1)     This section applies for the purposes of the following provisions (the “relevant provisions”)—

(a)     section 179A(1)(b) (exercise of power to make youth rehabilitation order: persistent offender previously fined),

(b)     section 202(1A)(b) (availability of community order: seriousness condition), and

(c)     section 204A(3)(c) (exercise of power to impose community order: persistent offender previously fined).

(2)     For those purposes, the following do not form part of an offender's sentence—

(a)     a criminal courts charge order (or an order under section 21A of the Prosecution of Offences Act 1985 (criminal courts charge));

(b)     a compensation order (or an order under section 130 of the Powers of Criminal Courts (Sentencing) Act 2000 (compensation orders));

(c)     a service compensation order awarded in service disciplinary proceedings;

(d)     a surcharge under section 42 (or an order

Powered by Lexis+®
 

Popular documents

LEXISNEXIS

Violent disorder

Violent disorderThe offence of violent disorderViolent disorder can be tried in the magistrates' court or the Crown Court. These offences will normally be dealt with in the Crown Court. However, there may be cases involving minor violence or threats of violence leading to no or minor injury, with

LEXISNEXIS

Debt for equity swaps

Debt for equity swapsA popular restructuring method is a debt for equity swap; financial creditors receive equity in the restructured vehicle in return for reducing or cancelling their debt claims against the company (and the rest of the group).Many highly levered deals have thin equity cushions and

LEXISNEXIS

Nuisance and the rule in Rylands v Fletcher—common law liability for pollution

Private nuisancePrivate nuisance is an unlawful interference with a person's use or enjoyment of land or some right over or in connection with it. Interference must be unreasonable, and may be caused, eg by water, smoke, smell, fumes, gas, noise, heat or vibrations. Where the defendant has not

LEXISNEXIS

Negligence—key elements to establish a negligence claim

Negligence—key elements to establish a negligence claimNegligence—what are the key ingredients to establish a claim in negligence?For liability in negligence to be founded, four key ingredients must be present:•duty of care•breach of that duty•damage (which is caused by the breach)•foreseeability of