Regis No.
SECURITY CLASSIFICATION
Top
et.
Secret.
Confidential.
Restricted.
Unclassified.
PRIVACY MARKING
DRAFT
To:-
P.A
Pype 1 +
From
DSR11
A1
Telephone No. Ext.
Department
....In Confidence
Mr StewATA
Hr D Hř
Not finally
submitter
1/
CAPITAL PUNISHMENT IN THE DEPENDENT TERRITORIES
The following is the proposed draft Parliamentary Question and Answer to announce the abrogation of the
"Creech Jones" formula in capital cases in Dependent
Territories:
Q:
A:
to ask the Secretary of State for Foreign and Commonwealth Affairs if he will make a statement regarding procedure in capital cases in British Dependent Territories.
Hitherto, the policy of successive Secretaries of State on the question of capital punishment in the Dependent Territories has followed that established by the former Secretary of State for the Colonies, Mr Arthur Creech Jones, whereby HM The Queen would not be advised to intervene in the non-exercise of the Prerogative of Mercy by a Colonial Governor, unless there had been an evident miscarriage of justice. (Hansard Vol 441 Cols 230-233 of 11 August 1947.) Since that time the death penalty has been virtually abolished in the United Kingdom and is retained as a punishment for murder in only seven of our remaining Dependent Territories. I no longer regard the "Creech Jones" formula as the criterion. by which the exercise of the prerogative of Mercy should be governed and in future in each case where the Governor of a Dependent Territory decides not to exercise the Prerogative of Mercy himself I shall automatically consider the case having regard to all
/...
Dd 108087 400M S&K 1/77