§ LORD MOLSONMy 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 whether they have noted the case of Stephen Szabo who has been condemned to a life sentence of imprisonment for a second time in ten years; how long he served for his conviction for murder in December, 1960; why he was not deported on release as recommended by the trial judge; and whether they will ensure, since the abolition of capital punishment, that a life sentence will in future approximate more closely to its nomenclature in cases where the convicted man, if released, is likely to become again a danger to the public.]
§ THE MINISTER OF STATE, HOME OFFICE (LORD WINDLESHAM)My Lords, the Government have noted details of this case with deep concern; Szabo was released on licence nine years after being sentenced to life imprisonment for murder in 1960; he was not deported because there was no country which would accept him. The Government regard the protection of the public as the paramount factor in considering the release on licence of prisoners serving life sentences.
§ LORD MOLSONMy Lords, I should like to thank the Minister for that Answer, which I think is reasonably satisfactory. May I ask him whether the Government have noted a similar case, reported in the Daily Telegraph on Monday last, in which Christopher Duffy was released after serving ten years of a life sentence, was convicted 640 of burglary a short time afterwards, and has now been sent back to prison?
§ LORD WINDLESHAMYes, my Lords. I should like to add a little more information to my original Answer because it relates to the procedure by which prisoners who are sentenced to life imprisonment are released. Full account is taken of reports from the prison authorities, medical authorities and the local review committee. The Parole Board give their opinion, and the views of the trial judge and of the Lord Chief Justice are obtained. All these factors are taken into account in considering the release of prisoners sentenced to life imprisonment.
§ LORD WALSTONMy Lords, can the noble Lord add to that information by indicating what proportion these two regrettable cases are to the total numbers who have been released on licence?
§ LORD WINDLESHAMMy Lords, there were 109 persons sentenced to life imprisonment last year, 1969, and the number of murderers released was 27. That gives a partial answer, although not, I think, the full statistics for which the noble Lord is asking, which I will send him.
§ LORD MOLSONMy Lords, I beg leave to ask the second Question which stands in my name on the Order Paper.
[The Question was as follows:
To ask Her Majesty's Government whether they have noted the case of Donald Ferguson Forbes who has been condemned to a life sentence for a second time for murder; how long he served for his conviction for murder in 1958; how long he had been at liberty before committing the second murder; why he was permitted to marry in gaol and whether there were any children by that marriage while Forbes was undergoing imprisonment; why he was released under licence; and whether they will ensure since the abolition of capital punishment that a life sentence will in future approximate more closely to its nomenclature in cases where the convicted man if released is likely to become again a danger to the public.]
§ LORD MOWBRAY AND STOURTONa: My Lords, I must beg your Lordships' indulgence, as mine is a lengthy Answer. 641 As this is a Scottish Question we give rather better value for coin than perhaps the English do. The answer is, Yes, my Lords. Forbes served 11 years and 8 months of a life sentence following his conviction for murder in 1958. He had been at liberty for 54 days when he was arrested and charged with the second murder. In 1958, while under sentence of death, with the permission of the then Secretary of State, Forbes married a woman who was four months pregnant, allegedly by him. The child died three days after birth.
Forbes was released on licence in May last on the recommendation of the Parole Board for Scotland and following consultation with the Lord Justice General and the trial judge. The release took place before my right honourable friend the Secretary of State for Scotland was in office, but he understands that there was nothing in the very full reports on the prisoner's conduct in custody to suggest that he would again act violently if released. Arrangements were made for his employment and place of residence and he was placed under the supervision of a local social worker.
My right honourable friend's main concern in considering the release of any life sentence prisoner is the need to safeguard the public, and where he considers that public safety is likely to be endangered he will not contemplate release however long the prisoner has been detained. As your Lordships will know, he has referred the whole question of the penalty for murder to a committee under Lord Emslie, a High Court judge, which is now collecting evidence.