CABINET DILEMMA ON REJECTION OF “NO HANGING” BILL

Gisborne Herald, Volume LXXV, Issue 22655, 4 June 1948, Page 5

CABINET DILEMMA ON REJECTION OF “NO HANGING” BILL

(N.Z.P.A. — Reuter—Copyright.) (11a.m.) * LONDON, June 3. Tlie Cabinet is today considering the rejection by the House of Lords of the abolition of the death sentence for murder in the Criminal Justice Bill. It is faced with a split in its own ranks and with a threatened crisis with the House of Lords if it asks the House of Commons to reinstate the abolition clause or suggests a compromise.

CHIEF JUSTICE’S ATTACK ON REPRIEVES

The Bill will not return from the House of Lords for some time, thus enabling the Cabinet to consider all the implications of the House of Lords’ strong non-aboli-tion vote and the charge made by the Lord Chief Justice, Lord Goddard, that the reprieves granted by the Home Secretary, Air. Chuter Ede, were a breach of the constitution. This charge, it is believed, is causing the Cabinet to make a closer investigation than anticipated by the known attitude of the House of Lords before 'the vote was taken there. Informed circles say that the House of Lords is unlikely to change its views or accept a canvassed compromise, imposing the death sentence for conviction for a second murder. Other alternatives before the Cabinet are:— Will degrees of murder be recognised with hanging for the more premeditated cases? Will hanging be allowed for crimes In addition to treason, ‘ including the murder of a policeman, or repellant types of murder, such as poisoning? It is recalled that the Government itself is opposed to the abolition of hanging at this stage owing to the abnormal crime wave although it allowed a free vote in the House of» Commons.

death, but the Home Secretary had announced that not only would those men at present under sentence of death be reprieved but that .all future murderers would be reprieved. * “If this is not altering the law by administrative action, I don’t know what is,” he said. The Lord Chancellor, Lord Jowitt, intervening, agreed that if the Lords killed the no hanging clause the Home Secretary would have to consider a new situation. Lord Simon in the debate, said he never remembered British opinion being so definitely against any measure as it was against the abolition of the death penalty. He said that with the waiving of the extreme penalty for murder British women had never before so feared the knock at the door after dark. Lord Bruce said he believed the death penalty was a deterrent to murderers. To abolish it would be an experiment in innocent lives

The House of Lords’ opposition, as well as .the widespread public opposition to the abolition of hanging offers the Government a way out if it is prepared to take it but there is a strong feeling amongst Labour back-benchers that the House of Lords should not be allowed to dictate to the House of Commons because there is probably, strong Commons’ support for the reinstatement of the “no hanging” clause. During the debate in the House of Lords, the Lord Chief Justice. Lord Goddard, sharply criticised the Home Secretary, Mr. Chuter Ede for his “unconstitutional” action in announcing a reprieve for all murderers before the House of Commons no hanging clause had become law. The law of the land was still that convicted murderers should suffer