Sir Brian Leveson, the most senior criminal judge in England and Wales, retired from the bench on Friday.

He said an attempt made in 1991 to restrict the rights of judges to pass sentences of less than six months “did not work”.

“The multiple shoplifter who shoplifts again and again and again, who is given every single non-custodial option going but continues, often to feed a drug habit… there must be a time when the courts say enough is enough,” Sir Brian said.

Our sister publication, Scottish Legal News, reported in February fears that increasing the presumption against short sentences to 12 months in Scotland would have unintended consequences.

Earlier this month a senior judge made the same point to the Scottish Parliament’s Justice Committee.

Lord Turnbull, a former chairman of the Scottish Sentencing Council, told the committee that because a discount of one third is applied to early guilty pleas, sentences of 18 months could be brought within range of the presumption, resulting in such offenders getting community sentences.

Sir Brian also expressed “enormous concern” that numerous crimes in England and Wales are not being prosecuted.

He told the BBC: “It is very, very concerning that citizens suffer wrongs and are not obtaining redress through the criminal courts.”

He added: “The criminal courts are a critical part of our society and they are the way that society reflects the minimum standards of behaviour which it requires of all its citizens and therefore it is an enormous concern that crimes are not being detected and crimes are not being prosecuted.”

A report from the Bar Council last year found that the Ministry of Justice had sustained 27 per cent cuts in real terms over a decade and the Crown Prosecution Service 34 per cent.

Police officer numbers fell by almost 20,000 between September 2010 and September 2017, Home Office figures show. They also suggest nine per cent of reported crimes result in a charge or summons, the lowest detection rate since 2015.

Sir Brian said: “The criminal justice system has to be considered by the government and recognised for its enormous value to our community.

“I don’t think there is sufficient resource to cope with its requirements. Ultimately, if the system doesn’t get appropriate investment the system can collapse.”