Legal Aid, Sentencing and Punishment of Offenders Bill

That is why the amendment is not necessary. Since a number of noble Lords had referred to the damaging elements of short sentences, I thought that it was worth putting on the record that, as a lay man in all this, I have had pointed out to me by people with considerable experience areas where the short sentence is effective. I certainly acknowledge that my noble friend said as much in her introduction. Her amendment is not an attempt to prohibit short custodial sentences; rather it seeks to create a kind of presumption that a short custodial sentence will not be imposed unless the alternatives are considered and found to be inappropriate. Such a statutory provision already exists. Section 152 of the Criminal Justice Act 2003 places restrictions on imposing discretionary custodial sentences. Section 152(2) sets out what is sometimes called the ““custodial threshold””, the test that has to be met before a custodial sentence can be imposed: "““The court must not pass a custodial sentence unless it is of the opinion that the offence, or the combination of the offence and one or more offences associated with it, was so serious that neither a fine alone or a community sentence can be justified for the offence””." That is the current situation. I suggest to my noble friend that the current requirement is stronger and more wide-ranging than that proposed in this amendment. I welcome a reminder of the importance of imposing short custodial sentences in essence as a last resort. I see, as I have always done, the full importance of rehabilitation. However, I do not think that this amendment adds significantly to the current law. I hope that the noble Baroness will feel able to withdraw her amendment.