HC Deb 28 July 1938 vol 338 cc3281-2
32. Mr. Silverman

asked the Home Secretary in how many cases during the 12 months ended 31st May last a jury accompanied a verdict of guilty of murder with a recommendation to mercy, and in how many such cases judgment of death was, in fact, executed?

Sir S. Hoare

During the 12 months ended 31st May last, 26 persons were sentenced to death. In 10 of these cases there was a recommendation to mercy by the jury and in two of these 10 cases the death sentence was carried out. As regards the remaining 16 sentences, the death sentence was carried out in nine cases.

Mr. Silverman

In view of the grave anxiety which the extreme penalty occasions in many minds, would not the right hon. Gentleman consider the advisability of introducing legislation by which statutory effect would be given to the jury's recommendation in cases of this kind?

Sir S. Hoare

No, Sir. I think that would be an unwise course. If the hon. Member will look at the figures I have just given he will see that the Secretary of State has to take into account more factors than the recommendation of the jury, and that while the prerogative of mercy has been exercised in the greater part of the cases in which there was a recommendation to mercy, it has also been applied in a number of cases in which there was no such recommendation. I think those facts show with what care successive Secretaries of State look at these cases.