Capital Punishment in the United Kingdom Part II

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Parliamentary debates on reintroduction

After Royal Assent for the Murder (Abolition of Death Penalty) Act 1965, supporters in Parliament have made several attempts to reintroduce capital punishment. On 23 November 1966, Duncan Sandys was refused leave to bring in a Bill to restore capital punishment for the murder of police or prison officers, by a vote of 170 to 292. Motions to make the five-year suspension of capital punishment under the 1965 Act permanent were opposed, but agreed by 343 to 185 in the House of Commons; in the House of Lords, an amendment to continue with a temporary suspension of capital punishment until 31 July 1973 was rejected by 174 to 220. In April 1973, the House of Commons voted against reintroduction.

The deaths of civilians in several IRA bombings in 1974 prompted a renewed debate. On 11 December 1974 Brian Walden moved a motion declaring that "the death penalty would neither deter terrorists nor increase the safety of the public"; Jill Knight moved an amendment calling instead for introduction of legislation providing for death to be the penalty for acts of terrorism causing death. Her amendment was rejected by 217 to 369. A year later, Ivan Lawrence's motion "That this House demands capital punishment for terrorist offences causing death" was rejected by 232 to 361.

After the Conservatives' victory in the 1979 general election, Eldon Griffiths (Parliamentary adviser to the Police Federation of England and Wales) moved a motion "that the sentence of capital punishment should again be available to the courts" on 19 July 1979. While the motion was not expected to pass, the margin of its defeat (243 to 362) was much wider than expected. Later in the same Parliament, the Criminal Justice Bill provided an opportunity on 11 May 1982 for several new clauses to be proposed which would have reinstated capital punishment. The first, which simply declared that "A person convicted of murder shall be liable to capital punishment", was tabled by Edward Gardner, and rejected by 195 to 357. It was followed by an alternative under which capital punishment would be available "as the penalty for an act of terrorism involving the loss of human life"; this new clause was rejected by 176 to 332.[ A further new clause proposing capital punishment "as the penalty for murder by means of firearms or explosives" was rejected by 176 to 343. Then a new clause allowing for capital punishment "as the penalty for murder of a police or prison officer" was rejected by 208 to 332. Finally a new clause allowing capital punishment "as the penalty for murder in the course of robbery and burglary which involves the use of offensive weapons" was rejected by 151 to 331.

The new Parliament in 1983 again prompted supporters of capital punishment to put their case. Sir Edward Gardner's motion "That this House favors the restoration of the death penalty for murder" was debated on 13 July 1983, with several amendments moved to restrict capital punishment to certain categories of murder. The amendments were voted on first: capital punishment for murder "resulting from acts of terrorism" was rejected by 245 to 361, for murder "of a police officer during the course of his duties" by 263 to 344, for murder "of a prison officer during the course of his duties" by 252 to 348, for murder "by shooting or causing an explosion" by 204 to 374, and for murder "in the course or furtherance of theft" by 194 to 369. The main motion was then defeated by 223 to 368. Towards the end of the Parliament, a new clause proposed to the Criminal Justice Bill proposed to return the death penalty for "A person convicted by the unanimous verdict of a jury of the premeditated killing of another person or of knowingly and intentionally killing another person in a manner, or for a reason, or in circumstances which a reasonable person would consider to be evil" was rejected by 230 to 342 on 1 April 1987.

The Criminal Justice Bill in 1988 provided a further opportunity for a debate; the new clause proposed by Roger Gale allowed for the jury in a murder case to "have the power, upon reaching a verdict of guilty of murder, to recommend ... death in the manner authorized by law". It was rejected by 218 to 341.

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