When the County Court determines a charge of failing to comply with an ESO summarily under s 41(2) of the Serious Sex Offenders Monitoring Act 2005, the two-year jurisdictional sentencing limit in s 113 of the Sentencing Act 1991 applies. The word 'may' in s 41(2) confers a discretion, not an obligation, to grant a summary hearing. Conviction for both an ESO breach offence and the underlying sexual offence does not constitute double punishment where the ESO breach contains additional elements, but sentences must be moderated to avoid punishing the offender twice for the same conduct.
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