HC Deb 28 June 1979 vol 969 cc635-6
11. Mr. Brotherton

asked the Secretary of State for the Home Department if he will make a statement regarding his policy concerning the transfer of convicted murderers to open prisons

Mr. Brittan

No prisoner serving a sentence for life imprisonment, whether for murder or any other crime, is transferred to an open prison unless, after the most careful consideration, it is considered that he or she will not present a further risk to the community In addition, such a person will be transferred to an open prison only if the regime of an open prison is judged likely to assist in the preparation for ultimate release into the community.

Mr. Brotherton

Is my hon. and learned Friend aware that there is considerable concern about the transfer of Mary Bell to the Askham Grange open prison? Does he agree that there are many convicted murderers who must never be released from custody?

Mr. Brittan

I am aware of what has been said about Mary Bell. It may help if I set out the position. Following recent consideration of Mary Bell's case by the previous Home Secretary, it was decided provisionally on the recommendation of the Parole Board that Mary Bell should be released next year, subject to continued good behaviour, satisfactory completion of a period in an open prison, a period in the pre-release employment scheme and no change in the assessment of risk. In making that decision, the right hon. Gentleman directed that the final decision as to what should be done should be taken by the Home Secretary of the day. That decision will now fall to my right hon. Friend, who will make it in the light of all the relevant considerations, including, above all, the assessment of risk.

Mr. Kilroy-Silk

Does the Minister accept that not all murderers should be treated alike? A significant number of murders occur in a family context and, in the nature of the circumstances, the individual is not likely to commit a further similar offence. In the circumstances, it is proper and appropriate for such persons to be transferred to open prisons and rehabilitated within the community.

Mr. Brittan

I accept what the hon. Gentleman has said.

Mr. Mellor

Is my hon. and learned Friend prepared to review the mandatory life sentence for murder? Is he aware that life sentences have a yawning credibility gap with the public? In view of the average term served by people sentenced to life imprisonment, is not it time for judges to be able to pass determinate sentences in suitable cases?

Mr. Brittan

There is a vast range of situations in which judges may pass determinate sentences. However, I am not persuaded that there is not a proper need for the existing life imprisonment sentence as well.

Mr. Merlyn Rees

I am grateful to the Minister for accurately stating—as he always would—the facts of the Mary Bell case, which came to the public eye and was raised on the Floor of the House. Would it not be better now for the case of this young girl to be left alone by us for the next year or 18 months so that we can do our best to rehabilitate her into the community?

Mr. Brittan

I agree with the right hon. Gentleman that no useful purpose is served by the public discussion of the circumstances of individual cases.