CONFIDENTIAL

decisions regarding the death penalty must be left to

elected legislatures where they exist and that so long as

the penalty is retained in any territory this is the right

and justifiable policy to follow as regards the exercise of

the Prerogative of Mercy. This would of course mean that

Ministers would have to be ready to contemplate that in

particular cases the Secretary of State should decline to

advise The Queen to reprieve a condemned man.

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CONFIDENTIAL

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