Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 23 July 2009 - onwards
74A. Aggravating factor: serious offence committed as part of, or in furtherance of, activities of criminal organisation.
(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.