Criminal Justice and Immigration Bill

I view these amendments with sympathy but not with total acceptance and I would like to say why. In the last couple of days it has become almost a truism to say that there is very little expectation of a successful result from an order of custody imposed upon anybody under the age of 18. I am much in sympathy with what the noble Lords, Lord Judd and Lord Ramsbotham, have said about the special circumstances that affect the under-21s. Over the years we have legislated to provide that custody for a young person shall only be a last resort. From that it follows that Parliament has regarded it as a resort, albeit a last one and therefore one very sparingly turned to. My anxiety about these amendments is that it is to impose a dangerously narrow restriction on what may be regarded as a last resort to say that, "““the offence … could reasonably have been expected to cause serious physical or psychological harm to another or others””," and that, "““a custodial sentence is necessary to protect the public from a demonstrable and imminent risk of serious physical or psychological harm””." I think that could be found to be dangerously and impracticably narrow. I would be interested in the noble Baroness’s comment on this point and the Government’s response to it. There may be a case for a restriction on what can be regarded as a last resort but as at present advised I think this is unduly narrow.