I warmly support the amendment moved by the noble Lord, Lord Thomas of Gresford, and I also associate myself with the amendment spoken to and argued for incisively by the noble Lord, Lord Kingsland. We should be grateful to the noble Lord, Lord Thomas, for having brought to the Committee’s attention the considered view of the National Children’s Bureau both in terms of the scope of organisations that the bureau represents and the experience of those organisations in their front-line work.
It is an extremely grave step to consider a custodial sentence for a child, and never lightly to be undertaken. At the same time, however, one must remember the immense pressures under which sentencers sometimes operate. As the most reverend Primate the Archbishop of Canterbury has again reminded us today in some sensible and sane observations, we must be wary lest we are moving into a culture of studied hostility towards the young which is actually provoking anxiety among them, resulting in anti-social behaviour.
In this context, with much of the media baying for ““tough”” lines, one cannot underestimate the psychological situation in which sentencers sometimes find themselves. The tough line is sometimes to resist popular pressure and do what is necessary. It may not be popular, but it may be what is right and make sense in terms of the individual, their rehabilitation, the interests of society and the avoidance of further cost through further offending.
However, I am the first to agree that a custodial sentence will sometimes be necessary to protect the public. As I argued on an earlier amendment, whenever this is necessary it should always be in tailor-made, specific accommodation established for the young. The evidence is repeatedly there, month after month, of how things go wrong for the young in prisons. They are in situations where the culture is totally wrong and does not concentrate on the child as a child—however terrible what the child may have done—or on the need to try to enable them to rebuild a sane, balanced life. Suicide, self-mutilation and everything else that goes on is all appalling evidence.
In this context, therefore, to call for detailed consideration and ask for those who know most about the child and their record to be present, and to seriously record in writing what their views, experiences and analysis amount to, is altogether appropriate and relevant. Both of these amendments are self-evidently sensible. They would strengthen the purposes of the Bill and, from that standpoint, I am glad to support them.
Criminal Justice and Immigration Bill
Proceeding contribution from
Lord Judd
(Labour)
in the House of Lords on Tuesday, 26 February 2008.
It occurred during Committee of the Whole House (HL)
and
Debate on bills on Criminal Justice and Immigration Bill.
Type
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699 c585-6 
Session
2007-08
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