We have data on this, and this is not something, in a sense, on which I have to take a moral stand. I can look at it in terms of data. What we know for a substantial group of people—particularly those being sent to prison for their first time—is that sending people to prison for the first time, which is in effect saying we're going to put this person in usually for a relatively short period of time, increases the likelihood of subsequent offending. What we're doing, rather than deterring them, is making them worse.
I'm sorry, I should make it clear. I'm not suggesting that we don't have to send people to prison and that we don't have to send youths to custody, because clearly we do in certain circumstances. I'm not suggesting otherwise, but the original idea behind this act, and in fact the principles that are in the Criminal Code as well, suggest that we should be cautious about doing it because in the long term we're making things worse.
The concern I have is that from a practical perspective we're likely to be increasing the likelihood of future offending for these youths, who could be dealt with otherwise. Second, it does give a message that really being tough on youth, and the specific deterrents in this case, is good policy in terms of reducing crime, and we know it is not. It is giving the wrong message and it's doing the wrong thing.