Member

Amendment 12 in the name of the noble Baroness, Lady Hamwee, would remove “cultural background” from the non-exhaustive list of personal characteristics specified in the Bill. I hope it may be helpful to take this opportunity to briefly explain that the Government have included this wording because it picks up on wording that the Sentencing Council itself used in its revised imposition guideline. The guideline suggests that a pre-sentence report would “normally be considered necessary” for cultural minorities, among other cohorts. We do not know which groups specifically the Sentencing Council had in mind when it included cultural minorities in its list. However, the Government’s position is clear: no one should receive preferential treatment based on their personal characteristics. Removing this line could create doubt as to whether guidelines may make provision regarding pre-sentence reports with reference to offenders’ cultural background. I therefore urge the noble Baroness not to press her amendment.