4. It would however be most umtual for H M G to impose
legislation on a domestic matter of this kind upon any
DOT against the wishes of the local government, especially
the elected government of a territory with a substantial
degree of local autonomy.
Exercise of the Prerogative of Mercy: Present Position
5. Under the constitution of every DOT, power to exercise
the Royal prerogative of mercy is delegated to the Governo
In deciding whether or not to commute a death sentence in
capital cases he is required to act in his own deliberate
judgment, after consulting either his Executive Council
or (in more advanced territories) an Advisory Committee
on the Prerogative of Mercy, and taking into account a
report from the trial judge. In deciding whether or not to
exercise the prerogative of mercy, the Governor wis not
subject to instructions from H M G as to how he should act.
6. The delegation of authority to the Governor leaves a
residual power to exercise the prerogative of mercy with
Her Majesty, who is advised by the Secretary of State. In
1947 Mr Creech-Jones made a statement in Parliament descriling
the Secretary of State's position over capital cases
(copy attached). His statement reflected a long-standing practice
which (with one exception in 1973 see next paragraph)
has been observed by successive Secretaries of State up
to the present time.
7. Over the years colonial Governors have conscientiously
discharged the constitutional responsibility vested in the,
in consultation with their Executive Councils or Advisory
Committees, to consider all capital cases, and there has
been no reason to suppose that they had not taken into
account all relevant circumstances. On rare occasions,
CONFIDENTIAL
/the