SCHEDULES
F1SCHEDULE 10
Part I Sections Substituted for Section 12 of M1 Children and Young Persons Act 1969
12D Duty of court to state in certain cases that requirement in place of custodial sentence.
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.
Sch. 10 repealed (25.8.2000) by 2000 c. 6, ss. 165(4), 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)