Sch 10 para 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.