My noble friend Lord Northbourne’s comments on the word “rehabilitation” have stimulated my thoughts on this matter. He is absolutely right: rehabilitation can only mean a return to a condition which once existed. I am not enough of a linguist to say exactly how the word is constructed, but that is clearly what it means. I wonder, however, whether the word “reform” might be appropriate in the circumstances. I well remember one of the very first days that I attended this House, in 1981. A speech by the Lord Chief Justice, Lord Lane, a most distinguished gentleman, was given very great publicity and attention by the House. Its theme was that in the whole of his experience, both as counsel and as judge, he did not think that prison had reformed a single person. I remember
asking myself how that could be, side by side with Rule 1 of the Prison Rules of the time, which said that the chief purpose of imprisonment was the reform of the offender. Both could not possibly be right. Putting aside that irrelevance for the moment, it may very well be that the word “reform” would be a more appropriate description of the situation than “rehabilitation”.
The noble Lord, Lord Bradley, raised the question of the condition of supervision that a person should be of good behaviour. It may well be that Parliament should define that situation more closely and specifically. There are two aspects here. The first is the boundary that it is Parliament’s duty to place and the second is the communication of the exact location of that boundary to the defendant in appropriate circumstances. It is part and parcel of the duty of the sentencer in any aspect of sentencing to make it clear to a defendant exactly what the court means. Over and above that, it is also their duty of the interview solicitor and counsel before leaving the matter, to make quite certain that the defendant knows exactly what is meant and what is expected of him or her.