Magistrates' Courts (Children and Young Persons) (Amendment) Rules (Northern Ireland) 1997

Amendment of Schedule to the principal Rules

2.—(1) The Schedule to the principal Rules shall be amended in accordance with this Rule.

(2) In Form 17 for the word “imprisonment” there shall be substituted “a custodial sentence other than one fixed by law” and after these words there shall be inserted the following paragraph—

• “AND the court [having considered a pre-sentence report] [is of the opinion that the offence, or the combination of the offence and one or more offences associated with it, was so serious that only a custodial sentence can be justified for that offence, because (state reason) ] [is of the opinion, where the offence is a violent or sexual offence, that only a custodial sentence could be adequate to protect the public from serious harm from him, because (state reason) ] [proposed a community sentence which required the consent of the defendant and the defendant refused to give that consent] [AND the court is of the opinion that a custody probation order is not appropriate because (state reason) ] [AND the defendant refused to give his consent to a custody probation order].”.

(3) In Forms 41, 44, 45 and 46 before the words “it is hereby ordered” there shall be inserted the following paragraph —

• “The court [, having obtained and considered a pre-sentence report ,] is satisfied that a supervision order [which includes requirements imposed under Schedule 3 to the Act of 1968] is suitable for the defendant.”.