Punishment for Murder of a Police Officer

Part of Orders of the Day — Criminal Justice Bill – in the House of Commons at 7:30 pm on 17 December 1990.

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Photo of Mr Jonathan Sayeed Mr Jonathan Sayeed , Bristol East 7:30, 17 December 1990

The last judicial execution occurred 27 years ago today in Horfield prison, Bristol. Some of the older residents of Bristol remember it well in a variety of ways. They view capital punishment with either repugnance or great anger. We can all understand the repugnance. For the state to kill a person is repugnant. We must also understand what their anger is about: it is caused by their feeling that this Parliament of the people neglects the people's views. It does so partly because the format for our debates is too rigid. We have to codify, to use clear legal language and to be specific. We have to vote on a specific legal measure, and this can be limiting.

We should have the opportunity to debate the principle of capital punishment before deciding on any aspect of it. We should have the opportunity to answer this question: does the state have the right to authorise its servants to take life outside times of war or to save life? Put simply, is judicial killing right? Only when that question has been answered can we answer the questions about what methods may be used or to what crimes capital punishment should be applied or what safeguards are necessary.

Many arguments have been adduced for and against capital punishment, but they fall into three groups. First, the suggestion is that it is never right to take life. That is a perfectly honourable and respectable view to hold, but it is naive.

Secondly—I am using shorthand terms—is capital punishment a deterrent? We have been told both that it will and will not deter terrorists. I believe that the first terrorist who is judicially executed may be a martyr, but the following ones will be mugs. To support that argument, I ask who remembers the names of those who died through the hunger strikes. Bobby Sands is probably the only one who will be remembered.

People also query whether capital punishment will deter the domestic murder. Although there is no proof, it is said that it will not. Thirdly, we come to one of the most serious arguments—one that should not be ducked—against capital punishment, and that is the possibility of making mistakes.

My answers to the queries are as follows. First, the state has the right to take life. Secondly, except for those who are intent on self-immolation, and there are only a few of them, we can be certain that the death penalty will at least not encourage murder. I believe, and common sense tells me, that it is likely to deter some murders. On the third point, there is a possibility—it may be only theoretical—given appropriate safeguards, that mistakes can be made, as men are not infallible. Mistakes have been made in letting murderers out from gaol. Some 59 people have been murdered by people who have been let out of gaol after committing other murders.

A society that treats life, rather than how life is led, as the most precious thing, should demonstrate its utter repugnance of the actions of certain individuals. It can do that by exercising the ultimate sanction of judicial killing.

I do not agree with all the new clauses. My hon. and learned Friend the Member for Burton (Mr. Lawrence) has tabled an interesting new clause. I agree with its aim, but not with its specifics. My hon. Friend the Member for Ryedale (Mr. Greenway) has suggested that the murder of police officers should attract the supreme penalty. I disagree with him. Why should police officers be singled out as those who should be especially protected? After all, they enter a profession—it is one that we value—knowing the risks that are involved. They are paid to be police officers. Why, as others have asked, should a police officer who tries to apprehend a criminal and is shot make that criminal liable to a capital sentence when he would not be subject to that risk if an ordinary civilian tried to apprehend him?