My Lords, this has been an interesting debate. I agree with the points that the noble Lord, Lord Marks, has made, but I want to give a different perspective that partly undermines the argument put by him and all the other noble, and noble and learned, Lords who have spoken. The noble and learned Lord, Lord Judge, said that, ultimately, it is for judges to pass a sentence that is just. He pinned his argument on that single point.
We talked about youths in the previous group. For youth justice, the overarching purpose when sentencing is to reduce reoffending. That purpose supersedes the overall position of needing to be just in the sentence. That is why there is a minimum sentence in youth courts of four months. The reason is that, when you go to youth offender institutions or things like that, you are invariably told by the prison offers and teachers dealing with the young people that they need to be there for a duration of time to get their education. That is the justification for having a minimum sentence of four months in youth cases.
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So, while I agree with the points that have been made, I put forward that particular exception where I agree with the appropriateness of that minimum sentence. Of course I agree with giving judges and magistrates discretion, so they are not tied down by minimum sentences, but I wanted to give that example of where I think a minimum sentence is appropriate. Having said that, I support the amendments put forward by the noble Lord, Lord Marks.