Bill.

MEMORANDUM.

The general object of this Bill is to abolish capital punishment and to substitute other penalties.

In the case of murder or treason the penalty proposed to be thus substituted is penal servitude for life, subject to all existing powers of remission, and the sentence is to be a fixed sentence, subject to the qualification that if the jury have recommended the convicted person to mercy the Court of Criminal Appeal may substitute any lesser sentence for the term of penal servitude for life.

In cases other than murder or treason the court may pass a sentence of penal servitude for life, or of imprisonment, with or without hard labour, for any term not exceeding two years.

The Bill does not affect any liability under naval or military law.

The liability of persons under sixteen remains unaltered. Vide section 103 of the Children Act, 1908.

The Bill extends to Scotland, subject to the modification that the provision with respect to the Court of Criminal Appeal is not to apply. It does not extend to Northern Ireland.

The repeals are purely consequential.

Bill.

ARRANGEMENT OF CLAUSES.

Clause.

1.

Abolition of capital punishment and substitution of other punishments.

2. Reduction of sentence by the Court of Criminal Appeal.

3. Provision with respect to persons under sixteen. 4. Savings.

9. Provision with respect to pending proceedings. 10. Short title.

SCHEDULE.

A

BILL

то

Provide for the abolition of capital punishment, A.D. 1927. and to substitute other punishment therefor, and for purposes connected with the matters aforesaid.

BE

E it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, 5 as follows:

and substi

1. Sentence of death shall not be pronounced Abolition upon or recorded against any person, but where a of capital person is convicted of any crime for which, if this Act punishment had not been passed, he would have been liable to tution of 10 suffer death, the court may sentence him to be kept in other punpenal servitude for life or for any shorter term not ishments. less than three years, or to be imprisoned, with or without hard labour, for any term not exceeding two years:

15

20

Provided that upon the conviction of any adult of murder or treason the court shall sentence the convicted person to be kept in penal servitude for life, and such sentence, subject to the provisions of section two of this Act, shall be a fixed sentence.

2. (1) Where the jury have convicted an adult Reduction of murder or treason and have recommended him to of sentence mercy, the person so convicted may, notwithstanding by the Court of anything to the contrary in the Criminal Appeal Act, Criminal