DSR 11C
CONFIDENTIAL
Removal of the Governor's Delegated Authority
10.
If it were desired to remove the delegated exercise
of the prerogative of mercy from Governors in capital
cases so that the position of the Foreign Secretary in
relation to the DOT was the same as the Home Secretary's
in relation to the Islands, it would be necessary to amend
the constitution of each DOT concerned. The amendment
could be effected by Order in Council, thought it would be
unusual (and, in the case of Bermuda, in breach of an
undertaking given at the Constitutional Conference in
1966) to effect such an amendment without consultation
with the local governments. If the constitutions were so
rest amended, the decision in every case would raix exclusively
with the Crown, as advised by the Secretary of State.
Abrogation of the Creech-Jones Doctrine
11.
description
The Creech-Jones doctrine is simply a ee of a
long-standing practice, and in strict law, no formal steps
need be taken to alter that practice. Any Secretary of
State is free, if he wishes, to reconsider all aspects of
a capital exXE case and reach his own decision as to whether
the Crown should be advised to exercise the residual
prerogative. The present practice, however, is that the
Secretary of State does not become officially involved
unless there is a petition to the Crown.
In that case,
he normally offers advice to the Crown, taking into account
all factors raised in the petition, and after consulting
the Governor as necessary.
12. A departure from the Creech-Jones doctrine would
produce a two-tier system under which any case in which
the Governor had decided to let the law take its course
would automatically be reviewed in the FCC.
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