Criminal Justice and Immigration Bill

moved Amendment No. 90: 90: After Clause 19, insert the following new Clause— ““Increase in maximum term that may be imposed on summary conviction of offence triable either way Section 282 of the Criminal Justice Act 2003 (c. 44) (increase in maximum term that may be imposed on summary conviction of offence triable either way) shall come into force on the passing of this Act.”” The noble Lord said: I can be exceedingly telegraphic about this amendment. After Clause 19, we wish to introduce a clause entitled, "““Increase in maximum term that may be imposed on summary conviction of offence triable either way””." Section 282 of the Criminal Justice Act 2003, which provided for an increase in the maximum term that may be imposed on summary conviction of an offence triable either way, should come into force on the passing of this Act. In effect we are implementing a clause that originally appeared in the Government’s 2003 Act but which has not been implemented. I think that, originally, the idea behind the clause was to supplement the custody-plus scheme, which was subsequently scrapped. However, we think that, quite independently of that scheme, it is right that magistrates be given the power to sentence for a term of up to 12 months. Just in case the Government might have some fears about the impact that that would have on prison places, I see no reason why the clause should lead to an increase. Magistrates sentence in accordance with the current sentencing framework, which is set out in statute. They use a structured decision-making process and consider the appropriate principles. All terms of custody must be justified by the seriousness of the offence. I am in no doubt that magistrates will use this new power responsibly. I beg to move.