Criminal Justice and Immigration Bill

My Lords, I warmly support the amendment. I declare an interest as a magistrate for 25 years. I also apologise to the House because I was not able to take part in Committee on this matter. I promise that I will not make a Committee speech. I agree with the comments made. One point which perhaps has not been made is that the provision removes discretion from the magistrates’ court. It chips away at an institution that has served the British legal and judicial system very well over the years. The fact is that the suspended sentence is an extremely valuable sentence. I remember that it was in disfavour in the 1980s and it was suggested to us that we should not impose it, but we would have given our eye teeth for the ability to impose it. It is a sword of Damocles hanging over someone to ensure that they do not step out of line. It is an absolutely perfect way of administering justice. Like all noble Lords who have spoken so far, I think that the provision will have the reverse effect. If magistrates are unable to impose a suspended sentence they will look for another disposal. It should not be assumed that it will automatically be a community order or fine; it may well be a custodial order. I therefore invite the House to support the amendment.