Criminal Justice (Theft and Fraud Offences) Act 2001

F39[Consecutive sentencing for burglary of dwelling

54A

54A. (1) Subject to this section, where a person

(a) is convicted of a relevant offence and is being sentenced to a term of imprisonment in respect of that offence where that offence was committed

(i) in a dwelling, and

(ii) after he or she has attained the age of 18 years,

(b) has a conviction for a relevant offence (other than the relevant offence referred to in paragraph (a)) whether or not any sentence (whether of imprisonment or otherwise) was imposed in respect of that conviction and where that offence was committed

(i) in a dwelling,

(ii) in the period of 5 years immediately prior to the commission of the relevant offence referred to in paragraph (a), and

(iii) after he or she attained the age of 18 years,

and

(c) has a conviction for a relevant offence and was sentenced to a term of imprisonment in respect of that conviction, where that relevant offence was committed by the person

(i) in a dwelling,

(ii) within a period commencing 6 months before and ending 6 months after the commission of the relevant offence referred to in paragraph (a), and

(iii) after he or she attained the age of 18 years,

any sentence of imprisonment imposed on the person for the relevant offence referred to in paragraph (a) shall be consecutive on the sentence referred to in paragraph (c) or, if a sentence of imprisonment has been imposed in respect of a relevant offence referred to in paragraphs (b) and (c), the last of those sentences due to expire.

(2) Where, in relation to a person referred to in subsection (1), a relevant offence committed by the person would come within paragraphs (b) and (c) of that subsection, then, that relevant offence may be considered for the purpose of satisfying either paragraph (b) or (c) of that subsection but not both.

(3) Subsection (1) applies to a person in respect of a relevant offence referred to in paragraph (a) of that subsection only if that relevant offence is committed after the coming into operation of section 2 of the Criminal Justice (Burglary of Dwellings) Act 2015 and that subsection shall apply to the person whether the other relevant offences referred to in paragraphs (b) and (c) of that subsection were committed before or after such coming into operation.

(4) Where two or more consecutive sentences required by subsection (1) are imposed by the District Court, the aggregate term of imprisonment in respect of those consecutive sentences shall not exceed 2 years.

(5) A reference in paragraphs (b) and (c) of subsection (1) to a conviction includes a reference to a conviction for a relevant offence which is the subject of an appeal (which has neither been determined nor withdrawn).

(6) In this section

dwelling includes

(a) a building or structure (whether temporary or not) which is constructed or adapted for use as a dwelling and is being so used,

(b) a vehicle or vessel (whether mobile or not) which is constructed or adapted for use as a dwelling and is being so used, or

(c) a part of a dwelling;

relevant offence means an offence under section 12 or 13.]

Annotations

Amendments:

F39

Inserted (17.01.2016) by Criminal Justice (Burglary of Dwellings) Act 2015 (56/2015), s. 2, S.I. No. 15 of 2016.