My Lords, both these amendments are concerned to ensure that the court knows all that it needs to know before sentencing. In my experience as a recorder, the court would be acting very negligently indeed if it were to sentence a woman, or even a man, without knowing the effect of that on the dependants. That is the fundamental point usually made in mitigation. It is very much part of the picture that any sentencing tribunal would have to take into account. If for some reason an advocate or the probation service was not giving sufficient information about this, the court would ensure—by adjourning if necessary—that that information was available. Therefore, although I accept the points made about the necessity to take all these facts into account, these amendments are designed to tell the courts what to do. I respectfully submit that the courts know what to do.
Legal Aid, Sentencing and Punishment of Offenders Bill
Proceeding contribution from
Lord Faulks
(Conservative)
in the House of Lords on Tuesday, 7 February 2012.
It occurred during Debate on bills on Legal Aid, Sentencing and Punishment of Offenders Bill.
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Proceeding contribution
Reference
735 c136 
Session
2010-12
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