0405 7641 Ext

Communications on this subject should

be addressed to

The Legal Secretary

ATTORNEY GENERAL'S Chambers

CONFIDENTIAL

ATTORNEY GENERAL'S CHAMBERS,

LAW OFFICERS' DEPARTMENT,

ROYAL COURTS OF JUSTICE.

LONDON, W.C.2.

(3) Constitutional considerations indicate legislation as the proper method for securing abolition of the death penalty. It is suggested that there could be further examination of the question whether it would be possible to enact legislation for this purpose by Order in Council, rather than Act of Parliament, in relation to any of the territories concerned. If such legislation were in process of enactment or about to be put forward, it would not be open to objection for the prerogative in all capital cases in any territory concerned to be exercisable by Her Majesty having regard to all relevant considerations, including the legislation in process of enactment or about to be put forward.

I am sending copies of this letter to Ian Maxwell, Stephen Wall, to the Private Secretaries of the other members of DOP and to Martin Vile.

CONFIDENTIAL

Your Sucerely,

Michael de

banke

MG DE WINTON

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