§ Mr. Berminghamasked the Secretary of State for the Home Department (1) to what factors he attributes the difference in the custodial sentencing rates in 1983 in magistrates courts of adult males found guilty of indictable offences in the petty sessional divisions of Chester (28 per cent.), Ellesmere Port (17 per cent.), and Macclesfield (16 per cent.), respectively; and if he will make a statement;
(2) to what factors he attributes the difference in the custodial sentencing rates in 1983 in magistrates courts of adult males found guilty of indictable offences in the petty session divisions of Brighton (30 per cent.), Hastings (25 per cent.), and Lewes (14 per cent.), respectively; and if he will make a statement.
§ Mr. MellorSentencing is a complex process, and factors which might account for variations between different areas cannot easily be identified. The choice of sentence in a particular case, within the range provided by law, must remain a matter for the court dealing with the case, subject to the defendant's right of appeal. As to general principles, we take opportunities to draw to the attention of the magistrates relevant guidance of the Court of Appeal, including guidance on the use of custody, and to emphasise the value of using non-custodial sentences wherever appropriate. Fresh guidance on sentencing powers and principles will be given in the new edition of "The Sentence of the Court", due to be published in late February.