Section 5(4C) of the Sentencing Act 1991 is declaratory of the existing parsimony principle and does not create a tension with current sentencing practices; courts must take current sentencing practice into account when applying the Boulton test. The availability of a CCO does not render the imposition of a custodial sentence presumptively erroneous. Where an offender's admissions provide proof of offences the prosecution could not otherwise have established, the [name withheld] principle requires a demonstrable discount, and failure to give such a discount constitutes specific sentencing error.
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