Criminal Justice and Immigration Bill

In another place, my honourable friend David Heath drew the attention of the Members to the Adult Court Bench Book, which gives advice to magistrates on how to proceed. On page 49 is the heading, ““What level of sentencing are you considering?””. The first tier is an absolute or conditional discharge. The second tier is a fine. The third is a community sentence. It is only at the fourth tier that a custodial sentence is referred to, where the offence is so serious that neither a fine alone, nor a community sentence, can be justified. Only after that stage—if the court decides that the first three tiers are not appropriate, and they consider prison to be appropriate—are they to consider whether the sentence should be suspended. The Government’s premise is that if you abolish suspended sentences of imprisonment, the courts will naturally move to the community sentence, as opposed to the immediate sentence of imprisonment. What is the basis for that? Mr Hanson in another place said: "““It is part of the government’s drive to examine how we can achieve greater use of community sentences””.—[Official Report, Commons Standing Committee, 20/11/07; col. 332.]" He was then asked, in effect, how he could be so sure about that. He said: "““My judgment, and that of the Lord Chancellor and his predecessor my noble Friend Lord Falconer, is that this will result not in up-tariffing to custody but in down-tariffing to more community sentences””." He invents some new English phrases, but does not really give any reason. He then said: "““I believe it will result in stronger use of community sentences rather than going to automatic custody””.—[Official Report, Commons Standing Committee, 20/11/07; col. 333.]" He later tells the Committee that, "““the judgment of the two Lord Chancellors … and my judgment as the Minister is that it will result in greater use of community sentences, rather than prison places””.—[Official Report, Commons Standing Committee, 20/11/07; col. 334.]" How does that follow? The court, before it even considers the suspension of sentence, has gone through what levels of sentence can be considered. It has concluded that it does not want an absolute discharge, a fine, or a community sentence, and that a sentence of imprisonment should be imposed. This clause abolishes the ability of the magistrates or judge to suspend that sentence. The only conclusion one can have is that immediate sentence of imprisonment should and will be imposed.