§ 16. Mr. Peter Robinsonasked the Secretary of State for Northern Ireland how many persons found guilty of membership of an illegal organisation received non-custodial sentences in the past five years; and what percentage of the total this represents.
§ Mr. John PattenWhere a charge of membership is combined with another charge, the available statistics record only the most serious offence or that for which the offender received the heaviest sentence. A substantial number of convictions for membership of a proscribed organisation are therefore excluded. On this basis, however, a total of 174 people convicted of membership of a proscribed organisation since 1 January 1978 have received non-custodial sentences. This represents 75 per cent. of the total number of such convictions.
§ Mr. RobinsonIs it not preposterous and outrageous that three-quarters of those found guilty of membership of an organisation that carries out the most heinous crimes in our society should receive non-custodial sentences? Do not those figures in themselves state the case for a minimum mandatory sentence?
§ Mr. PattenThat is not for us to determine. The courts have a wide range of penalties available to them, up to the 10 years' maximum custodial sentence allowed by the Northern Ireland (Emergency Provisions) Act 1978. A substantial number of people receive custodial sentences.