xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"

SCHEDULES

SCHEDULE 10E+W Supervision

Part IE+W Sections Substituted for Section 12 of M1 Children and Young Persons Act 1969

Marginal Citations

Duty of court to state in certain cases that requirement in place of custodial sentence.E+W

12D(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.