(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), the Court shall not pass a custodial sentence on the offender unless it is of the opinion—
(a) that the offence, or the combination of the offence and one other offence associated with the offence, was so serious that only such a sentence can be justified for the offence; or
(b) where the offence is of a violent or sexual nature, that only such a sentence would be adequate to protect the public from serious harm from the offender.
(3) Nothing in subsection (2) 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), to state in open Court that it is of the opinion that either or both of subsection (2)(a) and (2)(b) 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.
(5) A Court shall cause a reason stated by it under subsection (4) to be specified in the warrant of commitment and to be entered in the record of the Court.