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Legal Aid, Sentencing and Punishment of Offenders Act 2012

368.The substituted section 174 goes on to set out, in subsections (6) to (8), a revised and reduced list of the particular duties on courts to explain aspects of a sentence.  These duties include, in subsection (6), identifying relevant sentencing guidelines and explaining how they were applied or why they were not applied.  In subsection (7) there is a duty to explain the impact on the sentence of a reduction for a guilty plea.  In subsection (8) a court must explain, in giving a juvenile a discretionary custodial sentence, why a non-custodial sentence could not be justified, and in making a youth rehabilitation order with intensive supervision and surveillance or with fostering, why the order is appropriate.

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