76. Youth rehabilitation orders with fostering.

The court may make a youth rehabilitation order1 which imposes a fostering requirement2 if:

  1.  

    (1)     the court is dealing with an offender for an offence which is punishable with imprisonment3;

  2.  

    (2)     the court is of the opinion that the offence, or the combination of the offence and one or more offences associated4 with it, was so serious that5 a custodial sentence6 would be7 appropriate8;

  3.  

    (3)     the court is of the opinion, where the offender was aged under 15 at the time of conviction, that the offender is a persistent offender9;

  4.  

    (4)     the court is satisfied that the behaviour which