CONFIDENTIAL
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In considering what advice to give Her, the Secretary of State would be guided by the "Creech Jones Doctrine" established in 1947
(see attached note). The essential feature of this procedure is that the Governor has undivided responsibility for the exercise of the delegated Prerogative of Mercy, and that if a condemned man petitions beyond the Governor to Her Majesty, the Secretary of State will always advise Her not to intervene, except in the rare case of an apparent miscarriage of justice.
5. The situation in the five West Indies Associated States (WIAS), all of which retain capital punishment for murder (Antigua, Dominica, St Kitts-Nevis-Anguilla, St Lucia and St Vincent) is different. Although a condemned man there is still entitled to petition
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Her Majesty for mercy, under the constitutions of the WIAS the exercise of the Prerogative of Mercy has been delegated to the Governors, and it would, therefore, be inappropriate for the Secretary of State to intervene. In February 1971 the Governments of the Associated States were formally advised that there would be no question of UK Ministers tendering to Her Majesty advice which might conflict with the views of the States' authorities. The WIAS are fully responsible for their own internal affairs; HMG retains responsibility only for external
affairs and defence.
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CONFIDENTIAL