{
  "url": "https://openlegislation.uk/criminal-justice-act-1988/schedule-10/paragraph-12D",
  "json_url": "https://openlegislation.uk/criminal-justice-act-1988/schedule-10/paragraph-12D.json",
  "legislation": "ukpga/1988/33",
  "legislation_title": "Criminal Justice Act 1988",
  "legislation_url": "https://openlegislation.uk/criminal-justice-act-1988",
  "path": "schedule/10/paragraph/12D",
  "kind": "paragraph",
  "number": "12D",
  "heading": "Duty of court to state in certain cases that requirement in place of custodial sentence.",
  "text": "(1) Where—\n(a) 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\n(b) it would have imposed a custodial sentence if it had not made a supervision order including such a requirement,\nit shall state in open court—\n(i) that it is making the order instead of a custodial sentence;\n(ii) that it is satisfied that—\n(a) 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\n(b) 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\n(c) 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\n(iii) why it is so satisfied.\n(2) Where the Crown Court makes such a statement, it shall certify in the supervision order that it has made such a statement.\n(3) 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.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/1988/33/schedule/10/paragraph/12D",
    "retrieved_at": "2026-10-29T09:47:56.668542+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}