CONFIDEN RAL
If, therefore, arrangements were made for reference
of capital cases from the Dependencies constitutional
principle would require that the Secretary of State should,
in good faith, consider the individual circumstances of
each case and base his recommendations on those circumstances
and not upon a pre-determined conclusion that a reprieve
would be granted. In informing Parliament of such new
arrangements it would be consistent with these principles
and past practice to convey no implication that the resid
would be the abolition of capital punishment,
I A separate consideration is that the provisions in
the constitutional instruments for delegating the Prerogative
of Mercy to Dependent Territories asemally contain formal
requirements for theGovenor to hold certain consultations
and to take a deliberate personal decision whether or not
execnire the Prirogative, In advistrative system of
reference to the Secretary of State hose purpose was to ensure
that a reprieve was always granted would render the Governor's
discretion not to exercise the Preogative ineffective. It
would therefore be open to criticism as being inconsistent with
the constitutional instruments of the depardancies.)
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CONFIDENTIAL