PART IITREATMENT OF OFFENDERS
Custodial sentences
Restrictions on imposing custodial sentences19
1
This Article applies where a person is convicted of an offence punishable with a custodial sentence other than one fixed by law.
2
Subject to paragraph (3), the court shall not pass a custodial sentence on the offender unless it is of the opinion—
a
that the offence, or the combination of the offence and one or more offences associated with it, was so serious that only such a sentence can be justified for the offence; or
b
where the offence is a violent or sexual offence, that only such a sentence would be adequate to protect the public from serious harm from him.
3
Nothing in paragraph (2) shall prevent the court from passing a custodial sentence on the offender if he refuses to give his consent to a community sentence which is proposed by the court and requires that consent.
4
Where a court passes a custodial sentence, it shall—
a
in a case not falling within paragraph (3), state in open court that it is of the opinion that either or both of sub-paragraphs (a) and (b) of paragraph (2) apply and why it is of that opinion; and
b
in any case, explain to the offender in open court and in ordinary language why it is passing a custodial sentence on him.
5
A magistrates' court shall cause a reason stated by it under paragraph (4) to be specified in the warrant of commitment and to be entered in the Order Book.