s. 5 (2E) An offender who pleads guilty to an offence after S. 5(2E) the determination by the Court of Appeal of a inserted by No. 60/1993 question of law reserved under section 302(2) of s. 26, the Criminal Procedure Act 2009 is to be taken amended by Nos 109/1994 to have pleaded guilty immediately after s. 34(14)(a), arraignment. 19/1999 s. 16(2), 68/2009 s. 97(Sch. item 110.4). (3) A court must not impose a sentence that is more severe than that which is necessary to achieve the purpose or purposes for which the sentence is imposed. (4) A court must not impose a sentence that involves the confinement of the offender unless it considers that the purpose or purposes for which the sentence is imposed cannot be achieved by a sentence that does not involve the confinement of the offender. * * * * * S. 5(4A) inserted by No. 48/1997 s. 8(1), amended by No. 2/2002 s. 4(4), repealed by No. 65/2011 s. 4(2). (4B) A court must not impose a sentence that involves S. 5(4B) inserted by the confinement of the offender unless it considers No. 2/2002 that the purpose or purposes for which the s. 4(5), amended by sentence is imposed cannot be achieved by a drug No. 65/2011 treatment order. s. 4(3).
S. 5(2E) inserted by No. 60/1993 s. 26, amended by Nos 109/1994 s. 34(14)(a), 19/1999 s. 16(2), 68/2009 s. 97(Sch. item 110.4). (2E) An offender who pleads guilty to an offence after the determination by the Court of Appeal of a question of law reserved under section 302(2) of the Criminal Procedure Act 2009 is to be taken to have pleaded guilty immediately after arraignment. s. 5 (3) A court must not impose a sentence that is more severe than that which is necessary to achieve the purpose or purposes for which the sentence is imposed. (4) A court must not impose a sentence that involves the confinement of the offender unless it considers that the purpose or purposes for which the sentence is imposed cannot be achieved by a sentence that does not involve the confinement of the offender. S. 5(4A) inserted by No. 48/1997 s. 8(1), amended by No. 2/2002 s. 4(4), repealed by No. 65/2011 s. 4(2). * * * * * S. 5(4B) inserted by No. 2/2002 s. 4(5), amended by No. 65/2011 s. 4(3). (4B) A court must not impose a sentence that involves the confinement of the offender unless it considers that the purpose or purposes for which the sentence is imposed cannot be achieved by a drug treatment order.
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