§ Mr. Russellasked the Secretary of State for the Home Department if he is now able to announce the Government's decision on the recommendations of the Royal Commission on Capital Punishment.
§ Major Lloyd-GeorgeHer Majesty's Government have given further consideration to the Report of the Royal Commission on Capital Punishment in the light of the debate on 10th February last.
The Commission's recommendations may be divided into three main groups.
The first consists of the major recommendations that the age limit below which the sentence of death may not be imposed should be raised from 18 to 21; that in all other cases the jury should be given discretion to decide whether there are such extenuating circumstances as to justify substituting the sentence of imprisonment for life for the sentence of death; and that the test of criminal responsibility laid down (so far as concerns England and Wales) by the M' Naghten Rules should be abrogated. The Government, after full consideration, do not feel able to accept any of these three recommendations.
The second group consists of a number of other less important recommendations which could not be implemented without legislation. The Government do not see any prospect of legislation on this matter in the near future, and propose to defer a decision on these recommendations until an opportunity for legislation can be found.
220WThe third group consists of recommendations to which effect can be given administratively. These have, in the main, been accepted and have been, or are being, put into effect. As regards England and Wales, I have, in particular, authorised the Prison Commissioners to proceed with the plans for a special institution for the detention and treatment of psychopaths and other prisoners who are mentally abnormal; and arrangements are now in force whereby persons charged with murder are seen by a psychiatrist from outside the prison service, as well as by a doctor or doctors from within that service, in any case where the prisoner's mental state is in doubt.
My right hon. Friend the Secretary of State for Scotland has asked me to add that what I have said, except where otherwise stated, deals with the position in England and Wales. Information about the administrative changes made in Scotland was given by my hon. Friend the Joint Under-Secretary of State for Scotland in answer to Questions by the hon. Member for Edinburgh, East (Mr. Willis) on 22nd February last.