[150A Community order available only for offences punishable with imprisonment or for persistent offenders previously fined]
[150A Community order available only for offences punishable with imprisonment or for persistent offenders previously fined]

[(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).]