8. In conclusion, I would add that it is particularly desirable that, as soon as a Colonial
Government becomes aware that a convicted person intends to apply for special leave to appeal to
His Majesty in Council, steps should be taken forthwith to forward full instructions and all necessary
papers to the Colonial Office to enable the Crown to be represented at the hearing of the application.
This will enable the necessary material to be placed before the Judicial Committee without further
delay as soon as the petition for special leave comes on, and, even if special leave to appeal is given,
the final stage of hearing and disposal of the appeal itself can be reached far more quickly than if
the transmission of the documents is delayed until it is known that special leave to appeal has been
given. Although this applies to applications for special leave to appeal from capital sentences, it
could, with advantage, be adopted for the avoidance of delays in dealing with applications for
leave to appeal from non-capital sentences.
I have the honour to be,
Sir,
Your most obedient, humble servant,
OLIVER STANLEY,
1
Enclosure in circular despatch dated 18th July, 1944
Extract from
INSTRUCTIONS REGARDING THE PROCEDURE TO BE OBSERVED BY PROVINCIAL
GOVERNMENTS FOR THE SUBMISSION OF PETITIONS FOR MERCY FROM OR ON BEHALF OF CONVICTS UNDER SENTENCE OF DEATH AND FOR DEALING WITH APPLICATIONS FOR SPECIAL LEAVE TO APPEAL TO THE JUDICIAL COMMITTEE
OF THE PRIVY COUNCIL (CÓRRECTED TO 14TH MARCH 1944).
X (a). If intimation is received from or on behalf of a convict, that it is intended to apply to the Judicial Committee of the Privy Council for special leave to appeal, the execution is postponed and a date, three weeks later, is fixed, before which proof must be furnished to the Provincial Government or to an officer specially authorised in this behalf that the necessary instructions and funds have been sent by air mail to a firm of solicitors in London and the necessary papers by registered ordinary mail. The convict and his adviser are informed of the date so fixed and the papers and funds which must be sent; and also where the applicant indicates his intention of applying in forma pauperis of the procedure relating to such applications as set out in Instruction XII below. They are informed at the same time that unless the application for special leave is lodged in the Privy Council Office before a further date fixed by the Secretary of State and communicated to the firm of solicitors intimation will be received from the India Office, and the execution will not be further postponed,
NOTE (1).-If sentences of death have been passed on more than one person in the same case, and if intimation is received from, or on behalf of, only one or more but not all of them of an intention to apply for leave to appeal to the Privy Council, the execution of the sentence shall be postponed not only in the case of the person or persons from whom, or on whose behalf, such intimation has been received but also in the case of the other person or persons from whom, or on whose behalf, no such intimation has been received.
NOTE (ii).—The necessary funds will be a minimum of 50 guincas if one Counsel is engaged; but will be 80 to 100 guineas if the record is bulky or more than one Counsel is engaged. The convict and his adviser should, therefore, be advised, on receipt of intimation of intention to apply for special leave, that 59 guincas (say, Rs. 700) must be sent by the date fixed, and that it is not unlikely that 30 to 50 guincas (say, Rs. 420 to Rs. 700) more will be required.
NOTE (iii),—The necessary papers will include two copies of the printed paper book and a certified copy and two further copies of the judgment, etc., of the High Court on appeal.
}