# Criminal Justice Act 1988, Paragraph 12D: Duty of court to state in certain cases that requirement in place of custodial sentence.

Extent: E+W

(1) Where—
(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
(b) 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—
(i) that it is making the order instead of a custodial sentence;
(ii) that it is satisfied that—
(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
(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
(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
(iii) why it is so satisfied.
(2) Where the Crown Court makes such a statement, it shall certify in the supervision order that it has made such a statement.
(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.

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Source: https://www.legislation.gov.uk/ukpga/1988/33/schedule/10/paragraph/12D (the official version)
Page: https://openlegislation.uk/criminal-justice-act-1988/schedule-10/paragraph-12D
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.