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PENALTIES AND SENTENCES ACT 1992 - SECT 161B
Declaration of conviction of serious violent offence
161B Declaration of conviction of serious violent offence
(1) If an offender is convicted of a serious violent offence under
section 161A (a) , the sentencing court must declare the conviction to be a
conviction of a serious violent offence as part of the sentence.
(2) However,
the failure of the sentencing court to make a declaration as required under
subsection (1) does not affect the fact that the offender has been convicted
of a serious violent offence.
(3) If an offender is— (a) convicted on
indictment of an offence— (i) against a provision mentioned in schedule 1 ;
or
(ii) of counselling or procuring the commission of, or attempting or
conspiring to commit, an offence against a provision mentioned in schedule 1 ;
and
(b) sentenced to 5 or more, but less than 10, years imprisonment for the
offence, calculated under section 161C ;
the sentencing court may declare the
offender to be convicted of a serious violent offence as part of the sentence.
(4) Also, if an offender is— (a) convicted on indictment of an offence—
(i) that involved the use, counselling or procuring the use, or conspiring or
attempting to use, serious violence against another person; or
(ii) that
resulted in serious harm to another person; and
(b) sentenced to a term of
imprisonment for the offence;
the sentencing court may declare the offender to
be convicted of a serious violent offence as part of the sentence.
(5) For
subsections (3) and (4) , if an offender is convicted on indictment of an
offence— (a) that involved the use, counselling or procuring the use, or
conspiring or attempting to use, violence against a child under 12 years; or
(b) that caused the death of a child under 12 years;
the sentencing court must
treat the age of the child as an aggravating factor in deciding whether to
declare the offender to be convicted of a serious violent offence.
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