This section applies where either of the following orders is available to a court dealing with an offender for an offence—
a youth rehabilitation order with intensive supervision and surveillance;
a youth rehabilitation order with fostering.
The court must not make an order of either of those kinds unless it is of the opinion—
that the offence, or the combination of the offence and one or more offences associated with it, was so serious that, if such an order were not available, a custodial sentence—
would be appropriate, or
where the offender is aged under 12 when convicted, would be appropriate if the offender were aged 12, and
if the offender is aged under 15 when convicted, that the offender is a persistent offender.
In forming its opinion for the purposes of subsection (2), the court must take into account all the information that is available to it about the circumstances of the offence, or of it and the associated offence or offences, including any aggravating or mitigating factors.
The pre-sentence report requirements (see section 30) apply to the court in relation to forming that opinion.