My argument is that that mechanism is not working at the moment. I am not here to criticise local authorities or to ask the court to discipline them for the non-provision of services, nor to argue that youth offending teams should be disciplined for failing to follow the mechanisms, the assessment tool, with which they are provided. I argue that the court may not pass a custodial sentence, it will not send the child or young person to prison, unless it is satisfied, on information that has been obtained from the local authority—through the youth offending team, no doubt—that everything that that local authority could have done for the child or young person has been done.
I also support the amendment that has been put forward by the noble Lord, Lord Kingsland, that everything should be in writing. The old way of working—the probation officer going downstairs, having a chat with the individual young person in the cells and then coming back and giving some sort of a report that he has achieved mainly from the young person or possibly from his parents—is simply not good enough. The court requires a wider provision; not just the probation officer’s view but the local authority’s input into what is the most appropriate way of dealing with that offender. While I am glad that there are the mechanisms to which the Minister has referred, the duty on the court must be to ensure that those points have been covered and not to take either an oral report or a written report simply at face value without asking, ““What have you done under this section to obtain the local authority’s attitude?””.
As I said, I am grateful to your Lordships. I do not intend to pursue the matter at this stage, but we will certainly come back to it on Report. On that basis, I beg leave to withdraw the amendment.
Amendment, by leave, withdrawn.
[Amendment No. 80 not moved.]
Clause 10 [Abolition of suspended sentences for summary offences]:
On Question, Whether Clause 10 shall stand part of the Bill?
Criminal Justice and Immigration Bill
Proceeding contribution from
Lord Thomas of Gresford
(Liberal Democrat)
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.
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Proceeding contribution
Reference
699 c596 
Session
2007-08
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