Prison Sentences (Hansard, 31 October 1983)

§ Mr. Eldon Griffiths
asked the Secretary of State for the Home Department what is the average number of years of imprisonment actually served by persons convicted of (a) murder, (b) rape, (c) malicious wounding and (d) assault with a deadly weapon over the period 1970 to 1980, respectively.

§ Mr. Hurd
The information which can be provided without disproportionate cost is given in the following

Table 2

Receptions into prison department establishments under sentence of murder^* by type of disposal and time spent under sentence 1965–70

Number of persons

Receptions into prison department establishments under sentence

1965–1967 1968–1970

Time spent under sentenced^‡ Released on licence Other^† disposals Still in custody 31.7.83 Total Released on licence Others^†disposals Still in custody 31.7.83 Total

Up to 3 years — — — 1 — 1

Over 3 up to 6 years 2 — 2 2 1 3

Over 6 up to 9 years 34 5 39 63 4 67

Over 9 up to 12 years 70 2 72 65 2 67

Over 12 up to 15 years 30 2 32 26 3 54 85

Over 15 years 9 2 28 39 2 —

Total 145 11 28 184 159 10 54 223

^* Including detention during Her Majesty's pleasure under s. 53(1), Children and Young Persons Act 1933.

^† Including successful appeals, death and transfers to special hospitals or to outside England and Wales.

^‡ Excluding any time spent in custody on remand.

§ Mr. Eldon Griffiths
asked the Secretary of State for the Home Department if he will publish in the Official Report a table showing the maximum sentences now available to the courts for all categories of murder, rape, malicious wounding and assault with a dangerous weapon; and how many persons were convicted for each of these offences in the years 1970 to 1983, respectively.

§ Mr. Mellor
The penalty of life imprisonment is mandatory for murder. Life imprisonment is also the maximum penalty for rape. Maximum penalties for assaults vary according to the intent of the offender and the degree of harm. Whether a weapon, of whatever type, was used, is one of the factors a court will take into account in imposing the appropriate penalty within the appropriate maximum.
266W
tables. There are wide variations in the periods served in custody from which the averages in table 1 are calculated; the average does not take into account any time that may have been served in other custodial care before entering a prison department establishment, nor does it include any time served by those who died in custody. For murder in particular it also does not reflect the longest periods likely to be served by some of those given life sentences following the abolition of capital punishment in 1965 who have not yet been released. Table 2 gives details of the time served by those received under sentence for offences of murder from 1965 to 1970.

Table 1

Average time served under sentence^* in prison department establishments in England and Wales by persons discharged^† from custodial sentences^‡ for murder, rape, wounding or assault

Average time spent under sentence

Murder^║ 10½years

Rape^¶ 2 years 1 month

Wounding or assault^¶ 8 months

^* Excluding any time spent on remand in custody.

^† On completion of sentence or first release on licence.

^‡ Imprisonment or detention under section 53 of the Children and Young Persons Act 1933.

^║ Those discharged in 1980–82.

^¶ Those discharged in 1979–80.

Life imprisonment is the maximum penalty for robbery, which includes all assaults with intent to steal. It is also the maximum where the assault was with intent to resist arrest or to cause grievous bodily harm and either wounding or grievous bodily harm resulted. Where an assault occasions actual bodily harm, or where grievous bodily harm is inflicted "unlawfully and maliciously", the maximum penalty is five years' imprisonment.
Information on persons convicted of different types of offence is published annually but the breakdown is not precisely the same as that requested and the categories include offences for which the maximum penalties differs. Published categories include murder, manslaughter, infanticide, wounding or other act endangering life, other wounding, and rape. This information is to be found for 1980–82 in "Criminal Statistics, England and Wales"; 267W table S4.I(A) of the supplementary tables Volume 4; and for earlier years in the corresponding tables in the Command Papers. Information for 1983 is not yet available.

Table 2
Receptions into prison department establishments under sentence of murder^* by type of disposal and time spent under sentence 1965–70
Number of persons
	Receptions into prison department establishments under sentence
	1965–1967	1968–1970
Time spent under sentenced^‡	Released on licence	Other^† disposals	Still in custody 31.7.83	Total	Released on licence	Others^†disposals	Still in custody 31.7.83	Total
Up to 3 years	—	—		—	1	—		1
Over 3 up to 6 years	2	—		2	2	1		3
Over 6 up to 9 years	34	5		39	63	4		67
Over 9 up to 12 years	70	2		72	65	2		67
Over 12 up to 15 years	30	2		32	26	3	54	85
Over 15 years	9	2	28	39	2	—
Total	145	11	28	184	159	10	54	223
^* Including detention during Her Majesty's pleasure under s. 53(1), Children and Young Persons Act 1933.
^† Including successful appeals, death and transfers to special hospitals or to outside England and Wales.
^‡ Excluding any time spent in custody on remand.

Table 1
Average time served under sentence^* in prison department establishments in England and Wales by persons discharged^† from custodial sentences^‡ for murder, rape, wounding or assault
	Average time spent under sentence
Murder^║	10½years
Rape^¶	2 years 1 month
Wounding or assault^¶	8 months
^* Excluding any time spent on remand in custody.
^† On completion of sentence or first release on licence.
^‡ Imprisonment or detention under section 53 of the Children and Young Persons Act 1933.
^║ Those discharged in 1980–82.
^¶ Those discharged in 1979–80.