One Reason Why So Few Habitual Criminals Are Jailed.

Imagine you are a magistrate deciding on a sentence. The record of the wrongdoer is appalling. One of the three suggests the possibility that a truly final warning should be given. The Chairman then announces the lesser sentence and tells the offender that this is really the very last time that he or she will avoid prison.
This leniency bites back at society. This utterance is NOT passed onto the next Bench who may, in ignorance, follow the same route. Now, it would be quite wrong to bind the actions of the later Bench - but surely, they ought to be told this vital information. They are left to assume that the prior offence/s were not especially serious.
Under the present system, numerous empty warnings can be given and professional or habitual criminals generally have no expectation of being jailed.