151 Community order [or youth rehabilitation order] for persistent offender previously fined
151 Community order [or youth rehabilitation order] for persistent offender previously fined

[(A1)     Subsection (2) provides for the making of a community order by the court in respect of an offence (“the current offence”) committed by a person to whom subsection (1) or (1A) applies.]

(1)     Subsection (2) applies where— [This subsection applies to the offender if—

(za)     the current offence is punishable with imprisonment,]

(a)     a person aged [18] or over is convicted of an offence (“the current offence”),

[(a)     the offender was aged 16 or over when he was convicted,]

(b)     on three or more previous occasions he [the offender] has, on conviction by a court in the United Kingdom of any offence committed by him after attaining the age of 16, had passed on him a sentence consisting only of a fine, and

[(b)     on three or more previous occasions a sentence consisting only of a fine has been passed on the offender on conviction—

(i)     by a court in the United Kingdom of an offence committed by the offender after attaining the age of 16, or

(ii)     by a court in another member State of a relevant offence so committed, and]

(c)     despite the effect of section 143(2), the court would not (apart from this section) regard the current offence, or the combination of the current offence and one or more offences associated with it, as being serious enough to warrant a community sentence.

[(1A)     This subsection applies to the offender if—

(a)     the current offence is not punishable with imprisonment;

(b)     the offender was aged [18] or over when he was convicted; and