Legal Aid, Sentencing and Punishment of Offenders Bill

I follow the noble Baroness’s argument, which she has made very clearly. Indeed, I was not aware that the law was changed in 2008 so that non-imprisonable offences could not receive a community order, but I see the noble Baroness's way around that. However, to describe it as a breach power seems to be wrong on the basis of how the 2003 Act is phrased. It refers to a person who, "““wilfully and persistently failed to comply””." In one sense, that is about a breach but not a breach on one occasion. It is the court having to find that there has been a wilful and persistent failure to comply and I hate to see that lessened to a mere breach, if I may call it that.