Criminal Justice (Smuggling of Persons) Act 2021
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Penalties (Part 2) | ||
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10. (1) A person guilty of an offence under section 6 , 7 or 8 is liable— | ||
(a) on summary conviction, to a class A fine or to imprisonment for a term not exceeding 12 months or both, or | ||
(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding 10 years or both. | ||
(2) Without prejudice to any other enactment or rule of law, a court shall, in determining the sentence to be imposed on a person for an offence under section 6 , 7 or 8 , except where it considers that there are exceptional circumstances justifying its not so doing, treat as an aggravating factor any behaviour by the offender related to the commission of the offence— | ||
(a) that endangered or was likely to endanger the life or safety of the person to whom the offence related, or | ||
(b) that resulted in the exploitation or inhuman or degrading treatment of the person to whom the offence related, | ||
and the court shall impose a sentence that is greater than that which it would have imposed in the absence of such an aggravating factor. | ||
(3) The sentence imposed as a result of the application of subsection (2) shall not be greater than the maximum sentence permissible for the offence concerned. |