moved Amendment No. 91:
91: Clause 20, leave out Clause 20 and insert the following new Clause—
““Consecutive terms of imprisonment: maximum duration etc.
(1) Section 181 (prison sentences of less than 12 months) of the Criminal Justice Act 2003 (c. 44) is amended as follows.
(2) For subsection (7) substitute—
““(6A) Where a court imposes two or more terms of imprisonment in accordance with this section to be served consecutively, the court shall have complete discretion to set the aggregate length of the terms of imprisonment subject to a maximum of 65 weeks and may suspend all or part of the total period of imprisonment.””””
The noble Lord said: This is not as dramatic a proposal as my previous one. It is a more nuanced approach to a provision in the Bill concerning consecutive terms of imprisonment. We suggest that the Government kindly leave out Clause 20 and insert this new clause. It is simply another attempt to encourage the Government to give the courts greater discretion than they appear inclined to do. We are perfectly content to abide by the Government’s maximum of 65 weeks but, within that, the Government should give the court clear discretion to set the appropriate length of sentence. That would include the power to suspend all or part of the total period. I beg to move.
Criminal Justice and Immigration Bill
Proceeding contribution from
Lord Kingsland
(Conservative)
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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Reference
699 c639 
Session
2007-08
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