The Homicide Act and Hanratty
THE fifth anniversary of the Homicide Act, which all right-thinking hangers celebrate this week, marks the end of the generally- accepted period in which this inefficient measure waz supposed to show its efficacy.
This week, too, the Home Secretary has to take a decision which is likely to be one of the last of its kind under this doomed and useless measure. Should he recommend a reprieve for James Han- ratty, found guilty of the 'AG murder'? The evi- dence now coming to light of Hanratty's history of mental abnormality could not be used at the trial, since Hanratty's defence was a total denial of the charge. But the Home Secretary can, of course, now consider it even if the regular men- tal examination by prison and Home Office doc- tors pronounces Hanratty sane. Mr. Butler would do well to consider it very carefully indeed. To speak plainly, many people were astounded that the jury in this case could seriously come to the conclusion, after ten hours' consideration, that there was no reasonable doubt of Hanratty's guilt. On any objective consideration of the evidence, though there was clearly much pointing to his guilt, there was quite enough to raise a doubt in the mind of a reasonable man, or even twelve. That was clearly the view of the trial judge, as his summing-up should have made clear, and it seems to have been the view of the Court of Criminal Appeal, too. It would be no bad thing if it should turn out to be the view of the Home Sec- retary as well, and an even better thing if the Home Secretary should act on such a view. We have definitely hanged at least one innocent man in the past few years, and possibly as many as four. We may be about to hang another, or at any rate a man of diminished mental responsi- bility. And even if Hanratty is as guilty as could be, what conceivable good would hanging him be to anybody, alive or dead? The responsibility of answering that question, if he refuses a re- prieve, will be the Home Secretary's. And he will get precious little help in its answering from the Homicide Act.
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