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It is sometimes said that the conviction, execution and subsequent pardon of Timothy Evans led to the abolition of capital punishment for murder in the United Kingdom, but this is not borne out by the facts.
Whilst there had been much public disquiet over a possible miscarriage of justice in the Evans case following Christie’s conviction in 1953, this was not material to the continuing deliberations over the potential suspension of the death penalty for murder in the United Kingdom. Indeed, this had been contemplated in modern times as early as 1930 and was put before Parliament in 1938 although the process failed to make progress due to the outbreak of war. The Homicide Act 1957 created the offence of capital murder whilst abolishing the death penalty in respect of simple murder, i.e. murder not falling into any of the specified categories, and substituting a mandatory sentence of life imprisonment. In fact, suspension of the death penalty for murder generally in the United Kingdom, initially for a trial period of five years but subsequently made permanent in Great Britain in December 1969, took place on 8 November 1965 as a result of a private member’s Bill by Sydney Silverman MP which led to the Murder (Abolition of Death Penalty) Act 1965 as referred to above. By this time the Brabin Inquiry* had only just convened (in August 1965) and would not report until October 1966 by which time Evans’s pardon had already been granted.
In summary it would appear fallacious to suggest that the possibility of a miscarriage of justice in general, or the Evans case in particular, led to abolition. The underlying principles were ethical and humanitarian, together with the lack of any clear evidence that capital punishment acted as a deterrent, public opinion to the contrary notwithstanding. Certain categories of capital offence lingered until final abolition in November 1998 under the Human Rights Act 1998 although the last hanging had taken place in 1964. No re-enactment is now possible whilst the United Kingdom remains a member of the Council of Europe (ironically founded in 1949). There was, however, still one functioning gallows in a London prison (HMP Wandsworth) until 1994.
Paradoxically, it was the then Home Secretary, Mr James Chuter Ede, who set up the Royal Commission on Capital Punishment (1949-1953), which ultimately concluded that, in the absence of great public support, there was no clear case for abolition. It was also he who had the onerous duty of writing the words “The law must take its course” on the file for Timothy Evans, thus removing the last barrier to the sentence of death by hanging being carried into execution - as it duly was on 9 March 1950.
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