§ 26. Mr. HALESasked the Home Secretary if he will take steps to abolish the 325 mediaeval custom of the use of the black cap and to alter the phrasing of the death sentence, thus obviating the unnecessary suffering of convicted persons, especially in the case of women convicted of child murder where a reprieve is almost a foregone conclusion?
§ Sir J. GILMOURThe black cap is part of the judicial costume of the judge. The form of words ordinarily used in passing sentence of death was settled by His Majesty's judges in 1903, and there would appear to be difficulties in the adoption of a special form of words or procedure in particular cases.
§ Mr. HALESAm I to understand that my right hon. Friend can hold out no hope, and that a humane judge must inform a wretched woman, certified insane, that she must be hanged by the neck until she is dead, when there is not the slightest possibility of the sentence being carried out?
§ Sir J. GILMOURThere is a complete misapprehension. If she is certified insane, of course the death sentence is not passed.