(1)  In this section,

custodial offence means an offence that is created under an enactment and has imprisonment as its only penalty.

(2)  If a court that sentences an offender for a custodial offence considers that the justice of the case will be better met by a non-custodial sentence than by imprisonment, the court may, notwithstanding the penalty provided for the offence, make any other sentencing order that it could have made in respect of the offender had the offence not been a custodial offence.