Extract from HANSARD, Vol. Li, Cols. 232-233 of 11' August 1947
I turn now to the prerogative of mercy. As 1 expliard in my statement of sih Merch, His Majesty by Leiters Patent or Order in Council expressly delegates his pacrozative of mercy in criminal cases to Colonial Governors, and this includes both the power to pardon an offender either absolutely or conditionally and the lesser power to respite (1.c. posiponej sentence. Further, the Royal Justructions give a Governor the most precise instructions as to the exercise of the power of pardon in capital cases; he must call for, a writtin report from the Trial Judge; he must con- sider the case in Executive Council, to which he may summon the Judge, and may require him to produce his no.es of the trial; but it is the Governor himself who is to decide whether a pardon or re- prieve is or is not to be granted. These provisions are common form in Colonial constitutions. It is absolutely clear, there fore, that the effect of these instruments is to give power of pardon to the Governor. In the Gold Coast case the Governor in fact cominated the sentences on two of the prisoners at an carly stage, and at the last he commuted the sentences on two others for reasons which he explained in a statement made to the Legislative Coun- cil on 28th March, a copy of which I have placed in the Library of the House.
I come now to the position of the Secretary of State. I am advised, as I previously informed the House, that the delegation by His Majesty to Colonial Governors of the power of pardon does not entirely empty the King of his own prerogative of mercy. That is, I under- stand, the legal position. If a petition is presemed to His Majesty praying for mercy, it is my duty to advise him what, if any, action should be taken upon it.
But inther, and more hapoztant, "for the Secrdtery of State to intervena would conibet with the pitia intention of the con- stitutional instruments I have referred to. which ser up a better machinery for do .ciding these matters than anything the Secretary of State could do here; and would be contrary to the couomion sete of ine' situation, since the Governor, know- ing all the circumstances, is in a better position to judge whether the prerogative of mercy should be exercised in any par- ticular c230. To this must be added the further consideration that the best safe- guard for a careful decision ju so glave a batter is the undivided responsibility of 1 do not, the person who makes it. however, say that, if some exceptional case were brought to the Secretary of State's notice in which 'there were an in- dication that a miscarriage of justice had occurred, he would shut his eyes to it. The Secretary of State would communi- cate with the Governor as the case re- quired. The Governor would make any further investigations which might be nccessary, and would obviously not pro- coed with the carrying out of a sentence if there were any real doubt about the caso. It is inconceivable that, in order to prevem a miscarriage of justice in such 3 case, I should have to advise His Majesty to interveng, and in practice, therefore, it is highly improbable that intervention by His Majesty on the advice of the Secretary of State would ever take place. I am convinced that to follow any other course would seriously impair the administration of justice in the Colonies.
The normal practic, of the Secretary of State for the Coby us k not himself to intervene is an individual case and not to advise His Majesty to intervene. There would be most unfortunate reculls if the Secretary of State followed any other course. First, it would be necessary for him to consider fully the facts of cach case and all the consideradons which bore upon it. That is a matter of great difcuity in London remote from the scene of the crime. It is fussely that, if it were once understood that the Secretary of State is ready to intervene, pumerous pections would be sent to bim or to His Majesty, and their consideration by Him would ba physically impossible. In capital cases, taðir nere consideration would cause just that delay which it is necessary to avoid.
Annex A