CPS 1680 APPROX
PRIORITY
EN CLAIR
HKC 386!
1 6DEC 1977
NO. 51
REGIST Action Take
P.A
Jal
369
RECEN
FM HAMILTON 101432Z
DEUR OF
INDEX
UNCLASSIFIED
No
TO PRIORITY FCO TELEGRAM NUMBER 221 OF 1 DECEMBER 1977.
BERMUDA: DEATH SENTENCES.
FOLLOWING IS THE TEXT OF A MEMORANDUM, PREPARED BY THE ATTORNEY GENERAL, AND PRESENTED YESTERDAY BY THE PREMIER IN THE HOUSE OF ASSEMBLY ON THE CONSTITUTIONAL RESPONSIBILITY IN BERMUDA FOR THE GRANTING OF REPRIEVES OR COMMUTATIONS OF SENTENCE OF DEATH PASSED AFTER A CONVICTION OF MURDER IN THE SUPREME COURT.
QUOTE
I AM ADVISED OF THE FOLLOWING LEGAL OPINION ON TWO POINTS CONCERNING THE CONSTITUTIONAL RESPONSIBILITY IN BERMUDA FOR THE GRANTING OF REPRIEVES OR COMMUTATIONS OF SENTENCE OF DEATH PASSED AFTER A CONVICTION OF MURDER IN THE SUPREME COURT.
THE FIRST QUESTION IS AS TO WHETHER THE PREMIER INDIVIDUALLY OR THE CABINET COLLECTIVELY HAVE ANY LEGAL RESPONSIBILITY FOR OR POWER TO GRANT REPRIEVES OR COMMUTATIONS OF SENTENCES OF DEATH SECTION 22(1)(C) OF THE BERMUDA CONSTITUTION IS IN THE FOLLOWING
TERMS
QUOTE
THE GOVERNOR MAY, IN HER MAJESTY'S NAME AND ON HER MAJESTY' BEHALF (C) SUBSTITUTE A LESS SEVERE FORM OF PUNISHMENT FOR THAT, ? IMPOSED. (A COURT OF BERMUDA FOR AN OFFENCE AGAINST ANY LAW IN FORCE IN BERMUDA).
UNQUOTE.
SECTION 22(2) PROVIDES
QUOTE
IN EXERCISE OF THE POWERS CONFERRED UPON HIM BY SUBSECTION (1) OF THIS SECTION, THE GOVERNOR SHALL ACT AFTER CONSULTATION WITH LAST FOUR WORDS UNDERLINED THE COMMITTEE ESTABLISHED UNDER SECTION 23 OF THIS CONSTITUTION.
/THE