HC Deb 26 February 1953 vol 511 cc2289-90
34. Mr. Hector Hughes

asked the Secretary of State for the Home Department if he is aware that there is a widespread opinion that the British way of dealing with the crime of murder is wrong and unjust; that the crime of murder should be divided into two degrees; that the question as to which degree a person found guilty of murder is in, should be determined by the court which tries that person; and if he will introduce legislation to that effect.

Sir D. Maxwell Fyfe

The Royal Commission on Capital Punishment have heard much evidence on the question whether murder should be divided into two degrees, and any amendment of the law on this subject must await consideration of the Commission's report.

Mr. Hughes

Is the Home Secretary aware that that Royal Commission have taken an unduly long time to consider their findings and recommendations; that a great many murders have been committed in the meantime; and having regard to the great variety of circumstances in which murder is committed and the variety of turpitude involved, does he not think that it would be more appropriate for the trial judge, who hears the evidence and sees the witnesses, to determine the ultimate fate of a person convicted of murder?

Sir D. Maxwell Fyfe

I do not think that it would be appropriate to discuss or debate changes of that kind when we are awaiting the report.

Mr. P. Morris

Is there any truth in the rumour that the delay in completing the report is due to deadlock on the Commission rather than any other cause?

Sir D. Maxwell Fyfe

I have never heard of that.