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Criminal Justice and Immigration Bill

My Lords, I, too, have respect and sympathy for the motivation behind the amendment. Indeed, any emphasis in the law that underscores and endorses the principle that incarceration should be the very last resort in relation to a young person, and even more so for a child, obviously has massive merit. I accept that the wording of the amendment is such as to give rise to undue restrictions; most certainly it could not possibly be contemplated in the form in which it now exists. I want to make a point that arises from the remarks made by the noble and learned Baroness, Lady Butler-Sloss. It relates to the very high percentage of children and young persons who are suffering from mental conditions, some of which are very serious. The situation is so serious that one could well ask this question: is society treating those persons as if they were criminals with only a mental health overlay when in fact the situation is the very opposite and is basically a mental health problem with a criminal overlay? Anything that can bring about a change in that culture of thinking would be extremely beneficial.