PERSONAL AND CONFIDENTIAL
}
}
5.
I told you that I had some recollection of guidance to Governors about subsequent applications to the courts that appear to have been made with the purpose of postponing execution and that, I would try and trace it. I now find that what I had in mind,
was Mr Creech-Jones' circular despatch of 12 December 1947, paragraph 4 of which seems to me to cover the situation with which you were faced when Tacklyn's advisers intimated at the last minute their intention to make a further application for special leave to appeal to Her Majesty in Council and indeed with which you would have been faced if the Court of Appeal had not been available to deal promptly with the application made to them. I therefore enclose a copy of the despatch.
6.
I also enclose a copy of Mr Stanley's despatch of 18 July 1944 (already mentioned) because of what is said in paragraph 7 about the delays caused by petitions to Her Majesty for special leave to appeal as a ground for commutation of sentence.
7. I have not thought it necessary to enclose the circulars of 1969 and 1970, but para 4 of the circular of 1969 may be of interest it reads as follows:
-
"4, You will be aware that an application for special
leave to appeal does not preclude consideration in the interim of the exercise of the prerogative of mercy, and that when an execution is postponed under Rule 3 the execution of any other person condemned to death in the same case should be similarly postponed."
!
If
8. Finally, Ian Sinclair and I were interested to hear of the possibility that your Government might introduce legislation to restrict the death penalty to certain types of murder only. this idea is pursued, I am sure the Office will be very interested to have details of the proposal, which you understood to be based on a provision in the criminal code of some other country.
I fear I was rather slow in grasping the proposal, but it did seem to present the courts with some awkward distinctions.
9. I should like to conclude by expressing the hope that you will not again be confronted as Governor with a capital case in which no clear grounds for commutation of sentence exist.
I know from experience at this end how painful such cases are for the Governor and his advisers, as well as for the Secretary of State, and one can only be thankful that they are not of frequent
occurrence.
AR RUSHFORD
DEPUTY LEGAL ADVISER",
PERSONAL AND CONFIDENTIAL