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.