§ 76. Sir J. Mellorasked the Home Secretary whether his attention has been drawn to the evidence given at the trial of Bernard Anthony O'Sullivan, who pleaded guilty to a charge of attempting to murder a boy aged nine; whether he has investigated the allegation of the medical officer of Brixton Prison that, while at Broadmoor, O'Sullivan had declared that he thought it right to murder young children; whether he is satisfied that O'Sullivan's record and condition justified his release in 1935; and whether he will take more effective steps to prevent the release of dangerous criminals and lunatics?
§ 77. Mr. Sorensenasked the Home Secretary whether his attention has been drawn to the case of Bernard O'Sullivan, who was sentenced to 10 years' penal servitude at the Old Bailey for attempting to murder, and who had previously received five sentences, including one for attempted murder; whether he will make inquiries as to the reason for his discharge from a mental hospital; and whether, in view of this man's record of mental instability, he will speedily have him transferred to Broadmoor or some other suitable mental hospital?
§ Mr. LloydIn March, 1923, O'Sullivan was convicted of wounding with intent to murder and was sentenced to 10 years' penal servitude. While serving this sentence he showed no signs of mental abnormality and, having earned by good conduct and industry full remission marks, he was released in the ordinary course on licence in October, 1930. In April, 1932, he pleaded guilty at Manchester Assizes to a charge of larceny and was sentenced to three months' imprisonment, with the result that he became liable to serve in addition the remanet of his penal servitude sentence. At this time, he was found to be insane and he was transferred from prison first to Rain-hill Mental Hospital, and subsequently to Broadmoor, where he remained until 18th January, 1935, on which date his sentence expired. On the expiration of his sentence the powers and responsibilities of the Home Secretary with respect to his custody came to an end, but as he was still insane he became liable to detention under the ordinary provisions of the 859 Lunacy law. Accordingly he was removed to Banstead Mental Hospital as a rate-aided patient. The question whether, and if so when, the patient should be discharged thereupon became one for the visiting committee of that hospital. Persons like O'Sullivan who are sentenced to some specified term of imprisonment or penal servitude are in a different position from persons who, when charged with a criminal offence, are found insane by the Court and ordered to be detained during His Majesty's pleasure. When a person is ordered to be detained during His Majesty's pleasure, the responsibility of deciding whether such a patient has sufficiently recovered to be released without undue risk rests on the Home Secretary. The decision in such a case is frequently a matter of great difficulty and, as is known to those hon. Members who from time to time make representations to the Home Office about the release of such patients, great care is taken to make all necessary inquiries and to weigh the various considerations which arise.
O'Sullivan is at present under careful observation in prison and if, as a result of that observation, he is certified to be insane, immediate steps will be taken for his removal to Broadmoor.
§ Mr. SorensenWill not the hon. Gentleman take steps to short-circuit the treatment pathologically of cases of this description?
§ Mr. SorensenIs there any indication of when it is likely that this man will be transferred to a mental hospital?