Clause 131 - Restrictions on imposing community sentences

Part of Criminal Justice Bill – in a Public Bill Committee am 9:30 am ar 4 Chwefror 2003.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Photo of Hilary Benn Hilary Benn Parliamentary Under-Secretary (Home Office) (Minister for Prisons and Probation) 9:30, 4 Chwefror 2003

The hon. Gentleman, who raises an important point, anticipated my response correctly. There is certainly no harm in making the point in the statute, which is why the Bill does precisely that in subsection (2)(a), under which

''the particular requirement or requirements forming part of the community order must be such as, in the opinion of the court, is, or taken together are, the most suitable for the offender''.

That provides the opportunity to deal with precisely those matters that the hon. Gentleman raised. He mentioned religious beliefs, and clause 197, headed ''Requirement to avoid conflict with religious beliefs, etc'', specifically covers that point.

As to subsection (2)(b), it is important that restrictions on liberty imposed by the order should bear a relationship to the seriousness of the offence, which would include the effect on the victim. For example, an exclusion requirement, under which the defendant would have to stay away from the victim, should be governed by an assessment of the nature of the offence and its impact on the victim—but not really by the offender's personal circumstances.