Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what his policy is on the effect on the sentencing decision of an offender's previous (a) convictions and (b) community orders under his proposals for a presumption against short-term prison sentences.

We are considering options to restrict the use of short custodial sentences, including looking at a presumption, but we have not at this stage reached any conclusions.

Sentencing is a matter for our independent courts, who take into account all circumstances of the case. By law, to impose a custodial sentence, courts are required to be satisfied that the offence committed is so serious that only a custodial sentence can be justified.

When deciding what sentence to impose, courts must consider the circumstances of the case, including the culpability of the offender, the harm they caused or intended to cause, and any aggravating and mitigating factors. These factors include whether the offender has previous convictions and whether an early guilty plea was entered, as well as the particular aggravating and mitigating factors present in each case.