§ 3.5 p.m.
§ BARONESS WOOTTON OF ABINGERMy Lords, I beg leave to ask the Question which stands in my name on the Order Paper.
§ [The Question was as follows:
§ To ask Her Majesty's Government in how many of the 116 cases in which a charge of murder resulted in a verdict of manslaughter on grounds of diminished responsibility under Section 2 (1) of the Homicide Act, 1957, a hospital order was made by the courts.]
EARL BATHURSTMy Lords, the number of persons now known to have been found guilty of mans-slaughter in cases in which the only defence, or the principal defence, to a charge of murder was one of diminished responsibility under Section 2 (1) of the Homicide Act, 1957, is 117; of these, 43 have been found guilty since Part V of the Mental Health Act, 1959, came into force on November 1, 1960. Hospital orders have been made by the courts in respect of 15 of these persons.
§ BARONESS WOOTTON OF ABINGERMy Lords, I thank the noble Earl for his Answer. In view of the fact that all these persons are by definition suffering from abnormality of mind such as substantially impairs their mental responsibility, is the Minister satisfied that the proportion subject to hospital orders is sufficient?
EARL BATHURSTMy Lords, I think the numbers that would come within these orders depend entirely on the circumstances, which only the court can decide.