Manslaughter Sentences

HC Deb 17 March 1960 vol 619 cc1458-9

10. Dr. D. Johnson

asked the Secretary of State for the Home Department whether he is aware that Michael Dowdall, who was recently tried on a charge of murder at the Old Bailey and found not guilty on a successful defence of diminished responsibility, was sentenced to life imprisonment for manslaughter, and that there is consequent anxiety that, by virtue of the usual remissions to such a sentence, this man will be freed after a term of years; and whether he will make a statement of policy in regard to remission of sentences of imprisonment imposed under the provisions of Section 2 of the Homicide Act.

Mr. R. A. Butler

Persons sentenced to imprisonment for manslaughter under Section 2 of the Homicide Act are in the same position as those sentenced for any other form of manslaughter. If the sentence is a determinate one the prisoner may earn remission; but if it is a sentence of life imprisonment there is no remission and it rests with the Secretary of State to decide when to discharge the prisoner on licence. In considering when any prisoner sentenced to life imprisonment can be discharged the Secretary of State takes into account, among other factors, the question whether the prisoner is likely to be a danger to the public, and particular attention will be paid to this point in dealing with prisoners whose responsibility for their offence has been found to be diminished.

Dr. Johnson

I thank my right hon. Friend for that reassurance, but may I ask whether he is aware that a study of this case gives rise to anxiety, inasmuch as one of the psychopathic traits on which this verdict depended is described as "a past tendency to violence"? Will he bear that fact very much in mind with regard to this case, and also as possibly having relevance to others?

Mr. Butler

Yes. That reinforces the argument that each case must be most carefully considered on its merits, and I give the assurance that it will be.

Mr. K. Robinson

Since it is abundantly clear that this man is seriously mentally ill, will the right hon. Gentleman take steps to see that he is imprisoned in one of the few prisons where psychiatric treatment is available?

Mr. Butler

Normally I should like notice of such a question, but I will consider the hon. Gentleman's point.