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Even when a "custody threshold" is crossed, a custodial sentence is not "deemed inevitable", if other courses of action such as fines, community service or suspended sentences are appropriate.
William Clegg QC, representing Sgt. Nightingale, said that his client has committed "serious offences" which crossed the "custody threshold".
Judge Watson said the racial aspect of the incident was so serious it crossed the custody threshold when considering sentence, even though she would suspend it.
The report concludes: "The custody threshold should be raised to ensure imprisonment becomes a true last resort, and is reserved for the minority of children and young people who commit serious violent offences and who pose a significant risk to others.
I take the view it does pass the custody threshold.
Judge Owen-Jones saIt: "is is my view that immediate custody threshold was passed but I cannot ignore the domestic and health issues". Wade, 57, of Ship Lane, Aveley, Essex, was sentenced to 21 months in prison suspended for two years.
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He is in custody.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com