CONFIDENTIAL
4.
direct his mind only to relevant circumstances and not irrelevant circumstances (such as pressure manifested 1. the House of Commons or in the media). On the other hand
abrogation of the Creech Jones doctrine would not necessarily commit the Secretary of State to an effective abolition of capital punishment. The effect of the abolition of Creech-Jones would be simply to remove what is now the effective ultimate responsibility for the exercise of the Prerogative of Mercy from the Dependent overseas territories concerned to London. It is also almost certain that the present Secretary of State would invariably advise The Queen to commute in each individual case. However, it is impossible to forecast what advise any future Secretary of State would tender to The Quean. There are other practical objections to a straight abrogation of Creech-Jones, principally that the onus for deciding whether a man shall hang or not, in cases where the local Governor has decided to let the law take its course, will be placed firmly on the Secretary of State. However, the events of the past month have shown that even with the existence of the Creech Jones doctrine and devolution of authority to elected Governments in the various dependencies, the British Government and the Secretary of State are party to the debate about each individual hanging and subjected to all the massive pressures that they would be were Creech-Jones abolished. I suggest that in practice the effect of the Bermuda events will make it easier for the Secretary of State or any of his successors to recommend commutation to The Queen in those cases where he feels that this is the right thing to do and indeed that this will be the case whether Creech-Jones were abolished or not.
7. This leaves us with the debate in the House which might lead to a Motion calling on the Secretary of State to modify the Creech-Jones doctrine. There are several objections to a straight abrogation of "Creech-Jones" principally that the onus in cases where the Governor has decided to let the law take its course, for deciding whether
a