HL Deb 26 October 1971 vol 324 cc525-6

2.45 p.m.

VISCOUNT MERSEY

My Lords, I beg leave to ask the Question which stands in my name on the Order Paper.

[The Question was as follows:

To ask Her Majesty's Government whether they have any plans to increase the sentences on criminals convicted of killing policemen in view of the fact that "life sentences" only amount to an average of twelve years' imprisonment.]

LORD WINDLESHAM

My Lords, the concept of an average period of imprisonment served under a life sentence is misleading. Since the Murder (Abolition of Death Penalty) Act 1965, six adults have been convicted of what would formerly have been a capital offence of murdering a police officer in the execution of his duty. All are still detained and are subject to recommendations by the trial judge as to the minimum period to be served.

VISCOUNT MERSEY

My Lords, I thank my noble friend for that reply. If my figure is wrong—and I quite accept that it may be—would he tell the House what does the average sentence work out at? May I further ask whether he has considered that when the trial judge recommends a definite sentence in a particular case, such as 15 or 20 years, that sentence should become mandatory and should not, as is the case at present, be merely a recommendation, which can be altered at the whim of a future Home Secretary?

LORD WINDLESHAM

My Lords, the reason why average figures are misleading when considering life sentences is that, first of all, they cannot take into account the widely differing circumstances in which offences are committed—these differ very considerably from one case to another. Secondly, the average figures of course relate only to those who are released, and do not take into account those still serving terms of imprisonment. I can say to your Lordships that in the six cases I have mentioned the trial judges recommended that four men should serve a minimum of 30 years, one of 25 years and that one should be detained literally for the period of his natural life. My right honourable friend the Home Secretary has made clear on a number of occasions that he will give great weight to the advice given to him not only by the trial judge but also by the Lord Chief Justice before considering the release of any life sentence prisoner.

BARONESS WOOTTON OF ABINGER

My Lords, as the noble Lord agrees that the average figures are misleading, can he give us particulars of the number of persons now serving sentences of life imprisonment who have been in prison for more than 12 years and of how long they have been incarcerated?

LORD WINDLESHAM

These figures are important. At the end of 1968 the number of life sentence prisoners who had served over nine years was 47. At the end of 1969 it was 59, and at the end of last year it was 71—that is an increase of half as much again, of 51 per cent., in two years.

BARONESS WOOTTON OF ABINGER

My Lords, can the Minister say what is the maximum period for which anybody has been detained under a life sentence?

LORD WINDLESHAM

My Lords, one prisoner has served 21 years.