No.3 2016 28. By the repeal of section 224. 29. In section 267 ("Interpretation in Part XVIII of Chapter XIV") in the definition of "disciplined force", by the repeal of paragraph (b) and the substitution of"(c) the Prisons and Correctional Service; or"; 30. In section 278 ("Relation of criminal to civil or disciplinary proceedings") in the definition of "disciplined force", by the repeal of paragraph (c) and the substitution of"(c) the Prisons and Correctional Service; or"; 31. By the insertion after section 279 of the following section- "279A Avoidance of double penalisation where aggravating features of one crime are elements of another crime concurrently charged ( 1) If under this Code or any other enactment a person is charged concurrently with two or more crimes, and(a) the provisions relating to either or any one of those crimes permit or require a court to consider certain features of the commission of the crime or crimes in aggravation of sentence; and (b) the features mentioned in paragraph (a) are also elements of a different crime or crimes with which the accused is concurrently charged; then the court shall have regard to subsection (2) when convicting and sentencing that person. (2) A court convicting and sentencing a person referred to in subsection (1) shall exercise one of the following options (paragraph (a) or paragraph (b)) to the exclusion of the other- (a) convicting the accused for the crime or crimes referred to in subsection (l)(a) and sentencing him or her to a penalty that takes into account the aggravating features(i) but not convicting and sentencing him or her for the crime or crimes referred to in subsection (l)(b); or (ii) as well as convicting him or her for the crime or crimes refened to in subsection (l)(b), but making the sentences thereforrunconcunently with the firstmentioned sentence or sentences; or (b) convicting the accused for the crime or crimes(i) referred to in subsection (l)(a) and sentencing him or her to a penalty that does not take into account the aggravating features; and (ii) convicting and sentencing him or her for the crime or crimes refened to in subsection (l)(b): Provided that where the court exercises this option it must satisfy itself that the level of the combined penalties it imposes would be at least equivalent to the level of the penalty it would have imposed if it had exercised option (a).". 90

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