(1) This section applies where a Court passes a custodial sentence.
(2) The custodial sentence shall be—
(a) for any term (not exceeding the permitted maximum) as in the opinion of the Court is commensurate with the seriousness of the offence, or the combination of the offence and other offences associated with the offence; or
(b) where the offence is of a violent or sexual nature, for such longer term (not exceeding that maximum) as in the opinion of the Court is necessary to protect the pubic from serious harm from the offender.
(3) Where the Court passes a custodial sentence for a term longer than is commensurate with the seriousness of the offence, or the combination of the offence and other offences associated with it, the Court shall—
(a) state in open Court that it is of the opinion that subsection (2)(b) applies and why it is of that opinion; and
(b) explain to the offender in open Court and in ordinary language why the sentence is for such a term.
(4) A custodial sentence for an indeterminate period shall be regarded for the purposes of subsections (2) and (3) as a custodial sentence for a term longer than any actual term.