Coroners and Justice Bill

I can say yes to the noble Lord. Any British judge, as I understand it, will not, unless the prosecution can prove it, take into account anything that is not clear to the judge if it is going to make a difference to the way in which the defendant is treated. If it is clear, though, and I submit that in the vast majority of cases it is clear, of course the judge is entitled to take that into consideration, and has been for a long time past.