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Criminal Justice and Immigration Bill

I apologise, up-tariffing. Noble Lords then would argue about the fact that these offences must have reached the custody threshold, so that if this provision is enacted in future it will lead to up-tariffing. I understand the point that has been raised. I pray in aid first what the Lord Chief Justice said in an interesting speech on 15 November 2007: "““The seriousness of the offence determines whether it crosses what is known as ‘the custody threshold’, but factors personal to the offender can justify the court in passing a non-custodial sentence even where the custodial threshold is crossed. In ""practice there is quite a wide borderline area where it is open to the court to choose between sending the offender to prison or dealing with him in some other way””." That is particularly true in the case of magistrates’ courts, which suggests that there is a grey area. It is in that grey area that the greater use of suspended sentences has fallen.