44. Community sentence not available where sentence fixed by law etc.

The power to make a community order1 or a youth rehabilitation order2 is not exercisable in respect of an offence the sentence for which is:

  1.  

    (1)     a sentence fixed by law3;

  2.  

    (2)     the required custodial sentence for possession of a firearm or using a person to mind a weapon4;

  3.  

    (3)     the specified minimum term for a third class A drug trafficking offence5;

  4.  

    (4)     the specified minimum term for a third domestic burglary