HC Deb 11 March 1998 vol 308 c200W
Mr. Evans

To ask the Secretary of State for the Home Department what was the average sentence for a person convicted of manslaughter in the last year for which figures are available. [33496]

Mr. Michael

In 1996, 232 offenders were sentenced at the Crown Court for manslaughter offences—an offence under Common Law or the Offences against the Person Act 1861, sections 5, 9 and 10. Of these, 13 were given hospital or restriction orders under the Mental Health Act 1983, sections 37(1) and 41, five a community sentence, three a fully suspended sentence and six were detained under section 53 of the Children and Young Persons Act 1933. The remaining 205 were given a custodial sentence, of which 13 were life sentences. The average sentence length (excluding life) was 61.2 months.

Manslaughter due to diminished responsibility is an offence under the Homicide Act 1957, section 2.

Of the 22 offenders sentenced at the Crown Court in 1996 for this offence, 15 were given hospital restriction or guardianship orders under the Mental Health Act 1983, sections 37(1) and 41. The remaining seven were given a custodial sentence, including one life sentence. The average sentence length (excluding life) was 61 months.

Mr. Evans

To ask the Secretary of State for the Home Department if he will make a statement on the range of sentences available for those convicted of manslaughter. [33473]

Mr. Michael

The maximum penalty for manslaughter is life imprisonment and under section 2 of the Crime (Sentences) Act 1997 the courts must impose a life sentence on offenders convicted of manslaughter committed after 1 October 1997 who have a previous conviction for a serious offence (as defined in the 1997 Act), unless there are exceptional circumstances.

Subject to the requirements of the 1997 Act, sentences in individual cases are a matter for the courts to decide from the full range of sentences available, taking into account the seriousness of the offence, including whether the offence is so serious that only a custodial sentence can be justified. The range of sentences available to the courts include: absolute or conditional discharges; fines; community sentences; hospital orders; suspended sentences; or immediate custody.