Restrictions on the imposition of custodial sentences

(1) This section applies where a person is convicted of an offence punishable with a custodial sentence other than one fixed by law. (2) Subject to subsection (3) of this section, the court shall not pass a custodial sentence on the offender unless it is of the opinion, (a) that the offence 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 (as defined in section 7 of this Act), that only such a sentence would be adequate to protect the public from serious harm from the offender. (3) Nothing in subsection (2) of this section prevents the court from passing a custodial sentence on an offender if the offender refuses to consent to a community sentence which is proposed by the court and requires that consent. (4) Where a court passes a custodial sentence it is the court’s duty, (a) in a case not falling within subsection (3) of this section, to state in open court that it is of the opinion that either or both of paragraphs (a) and/or (b) of subsection (2) of this section apply and why it is of that opinion; and (b) in any case, to explain to the offender in open court and in ordinary language why it is passing a custodial sentence on the offender. (Alternative Sentences) 35 A court shall cause the reasons stated by it under subsection (4) to be specified in the warrant of commitment and to be entered in the record of the court.