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Criminal Justice and Immigration Bill

I have been listening to this debate with great interest and trying to understand where the Government really expect to go. What do the Government expect to happen if a bench of magistrates, or a stipendiary magistrate—now a district judge magistrates’ court—goes correctly through the hoops of the sentencing guidance and gets to the point of saying, ““This is not appropriate for a community service order””? I am no criminal lawyer, but I understand that you have to get to that point before ever considering imprisonment. On the assumption, then, that they have gone through the hoops correctly, what does the Minister expect magistrates to do if Clause 10 becomes law?