§ 2.37 p.m.
§ BARONESS WOOTTON OF ABINGERMy Lords, I beg leave to ask the first Question which stands in my name on the Order Paper.
§ [The Question was as follows:
§ To ask Her Majesty's Government in how many cases since the coming into force of the Mental Health Act, 1959, has a charge of murder (capital or non-capital) resulted in a verdict of manslaughter on grounds of diminished responsibility: and in how many of these cases has a hospital order been made.]
THE MINISTER OF STATE, HOME OFFICE (EARL JELLICOE)My Lords, since November 1, 1960, when Part V of the Mental Health Act, 1959, came into force, 91 persons have been found guilty of manslaughter 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. Hospital orders have been made by the courts in respect of 42 of these persons.
§ BARONESS WOOTTON OF ABINGERMy Lords, I thank the noble Earl for his Answer, and should like to express pleasure that the proportion of hospital orders seems to be higher than it was about a year ago, when he answered a similar Question. Is the noble Earl able to say whether the fact that, even now, more than half of these admittedly mentally sick persons are not admitted to hospital is due to the shortage of suitable hospital accommodation, or is it due to the nature of the cases?
EARL JELLICOEI am grateful to the noble Baroness for her gratitude. I should perhaps say that it was not I who answered her "hardy annual" on this subject last year. I should perhaps mention that, in addition to the 42 hospital orders which have been made, in 6 of the 49 diminished responsibility cases since November 1, 1960, in which the courts did not make a hospital order 175 my right honourable friend the Secretary of State subsequently issued a transfer direction under Section 72 of the Mental Health Act. I was not aware that shortage of hospital accommodation was a problem here. It was my impression that this was a matter which rested entirely within the discretion of the courts. But I should like to look into the point which the noble Baroness has mentioned in her supplementary question.
§ BARONESS WOOTTON OF ABINGERI am grateful to the noble Earl for that additional information. Is he able to say, in those cases in which transfer orders under Section 72 have been made, how soon after the court proceedings the transfers were made?
EARL JELLICOEI regret I do not have that information immediately available, but I will certainly find it out and write to the noble Baroness.
§ BARONESS WOOTTON OF ABINGERI am most grateful to the noble Earl.