357Jurisdiction of Community Magistrates to impose sentence in respect of certain category 1 and 2 offences

1. This section applies to—

2. any category 1 offence in respect of which the maximum penalty that can be imposed is a community-based sentence and not a term of imprisonment; and
3. any category 2 offence in respect of which the maximum term of imprisonment that can be imposed does not exceed 3 months.

4. If a person who is charged with an offence to which this section applies pleads guilty to that offence, the District Court presided over by 1 or more Community Magistrates may, in accordance with the Sentencing Act 2002, do 1 or more of the following acts:

5. impose, under section 32 of that Act, a sentence of reparation on the offender:
6. subject to section 40(3) of that Act, sentence the offender to pay a fine:
7. impose, under section 45 of that Act, a sentence of supervision on the offender:
8. impose, under section 54B of that Act, a sentence of intensive supervision on the offender:
9. impose, under section 55 of that Act, a sentence of community work on the offender:
10. impose, under section 69B of that Act, a sentence of community detention on the offender:
11. discharge the offender without conviction under section 106 of that Act and, if the court thinks fit, make an order under subsection (3) of that section:
12. discharge the offender under section 108 of that Act and, if the court thinks fit, make an order under subsection (2) of that section:
13. make, under section 110 of that Act, an order requiring the offender to appear for sentence if called upon to do so within a period, not exceeding 1 year commencing with the date of conviction, that the court may specify in the order:
14. on making an order under section 110(1) of that Act, also make an order under section 110(3) of that Act:
15. make, under section 112 of that Act, a non-association order in respect of the offender:
16. make, under section 124 of that Act, an order that disqualifies the offender from holding or obtaining a driver licence:
17. make, under section 128 or 129 of that Act, a confiscation order in respect of a motor vehicle:
18. make, under section 129A of that Act, a confiscation and destruction order in respect of a motor vehicle:
19. make, under section 129B of that Act, an order that a written caution be issued and served:
20. make, under section 131(2)(a) of that Act, an order that prohibits the offender from acquiring any interest in any motor vehicle within 12 months after the date of the order:
21. make, under section 131(3)(a) of that Act, an order that sets aside the disposition by the offender of a motor vehicle or of an interest in a motor vehicle.

22. The District Court presided over by 1 or more Community Magistrates may not impose on any person for any offence a sentence of imprisonment (within the meaning of section 4(1) of the Sentencing Act 2002).

23. The District Court presided over by 1 or more Community Magistrates does not have any jurisdiction to impose a sentence under this section in respect of a category 1 or 2 offence that is a continuing offence.

24. Nothing in this section applies when the District Court presided over by 1 or more Community Magistrates is exercising jurisdiction in accordance with section 356.