My view of the clause is that when a community sentence is passed, the court will have to take into account the seriousness of the offence, but it should in every case specifically take the offender's circumstances into account. In practice, I suppose that one of the most popular community orders is a community punishment order, formerly known as a community service order, by which a court imposes on a defendant a requirement to perform, typically, 140 hours of unpaid work for the benefit of the community.

In reaching its decision the court has regard, of course, to the seriousness of the offence. However, a discussion often follows about whether the order is appropriate to the particular circumstances of the defendant. For example, some defendants are in work and some are not. Some work shifts; others do not. Some have obligations at certain times of the week—such as Friday prayers for a Muslim, or sporting activities on a Sunday for some people. Careful consideration of the circumstances of the offender is essential before a community service order is made.

The Minister may tell me that that consideration is fully catered for in subsection (2)(a), but I want to stress my view that there is no harm in setting out in statute that the offender's circumstances should be taken into account before a community service or similar order is passed, so that the offender will be able to cope with the order and comply with it properly, despite his or her domestic circumstances. I can see no harm in adding the words

''and the circumstances of the offender''

and if the Minister also thinks that there is no harm in adding them, I hope that he will accept the amendment.