SCHEDULES
SCHEDULE 8Minor and consequential amendments
Criminal Justice Act 1991 (c. 53)
72
For subsection (3) of section 1 of the 1991 Act (restrictions on imposing custodial sentences) there shall be substituted the following subsection—
3
Nothing in subsection (2) above shall prevent the court from passing a custodial sentence on the offender if he fails to express his willingness to comply with—
a
a requirement which is proposed by the court to be included in a probation order or supervision order and which requires an expression of such willingness; or
b
a requirement which is proposed by the court to be included in a drug treatment and testing order or an order under section 61(6) of the Crime and Disorder Act 1998.