Criminal Justice (Amendment) Act 2009

New section 74A of Act of 2006.

12.— The Act of 2006 is amended by inserting the following section after section 74:

“Aggravating factor: serious offence committed as part of, or in furtherance of, activities of criminal organisation.

74A.— (1) Where a court is determining the sentence to be imposed on a person for a serious offence, the fact that the offence was committed as part of, or in furtherance of, the activities of a criminal organisation shall be treated for the purpose of determining the sentence as an aggravating factor.

(2) Accordingly, the court shall (except where the sentence for the serious offence is one of imprisonment for life or where the court considers that there are exceptional circumstances justifying its not doing so) impose a sentence that is greater than that which would have been imposed in the absence of such a factor.

(3) The sentence imposed shall not be greater than the maximum sentence permissible for the serious offence.”.