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Criminal Justice and Immigration Bill

My Lords, I thank noble Lords for their contributions to this debate. On behalf of the Government, I thank Liberal Democrat Members for having raised this issue in Committee and other Members who have raised it during our proceedings on the Floor of the House. I argue that with Amendment No. 1, we have come up with the right answer. The only thing about which I disagree with the noble Lord, Lord Kingsland, is whether there should necessarily be a written report in each case where a community sentence is imposed. We certainly agree with the view that was expressed around the House that there should be a written report in cases where a custodial sentence is or could be imposed. The noble Lord is pressing me, quite rightly, to be as clear as possible. As I said when moving the amendment, in practice this means that where the defendant pleads not guilty but is tried and then found guilty, after conviction the court will have to adjourn and a pre-sentence report will be prepared in a case where custody is a possibility. I do not think that we can be much clearer than that. After that, it will be in the hands of the judge, who is the sentencer.