Paragraph 12D Duty of court to state in certain cases that requirement in place of custodial sentence.
England and Wales
Where—
in pursuance of section 12A(3)(a) of this Act a court includes a requirement in a supervision order directing the supervised person to participate in specified activities; and
it would have imposed a custodial sentence if it had not made a supervision order including such a requirement,
it shall state in open court—
that it is making the order instead of a custodial sentence;
that it is satisfied that—
the offender has a history of failure to respond to non-custodial penalties and is unable or unwilling to respond to any non-custodial penalty other than a supervision order including such a requirement; or
only a supervision order including such a requirement or a custodial sentence would be adequate to protect the public from serious harm from him; or
the offence for which he has been convicted or found guilty was so serious that a non-custodial sentence for it other than a supervision order including such a requirement could not be justified; and
why it is so satisfied.
Where the Crown Court makes such a statement, it shall certify in the supervision order that it has made such a statement.
Where a magistrates’ court makes such a statement, it shall certify in the supervision order that it has made such a statement and shall cause the statement to be entered in the register.
Notes on Schedule 10
Textual amendments
- F1
Sch. 10 repealed (25.8.2000) by 2000 c. 6, ss. 165(4), 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
Notes on Part I
Marginal citations
- M1