E.R.
9 It is relevant to note here that although capital punishment for murder
has been abolished in the United Kingdom (and in Guernsey), it is retained for
murder in Jersey and the Isle of Man. Responsibility for tendering advice on
the exercise of the prerogative in capital cases rests entirely with the
Home Secretary since the Lieutenant Governors of the Islands, unlike the
Governors of the dependent overseas territories, have no delegated authority
in such cases. The Home Secretary offers advice according to the circumstances
of each individual case. In the Isle of Man only one sentence of death has been
passed since 1872 and that (in 1973) was commuted, while for Jersey the last
execution for murder took place in 1959, since when six death sentences have
been commuted.
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
as in current paragraph 9.
11
As current paragraph 11.
17
...
had been taken. Such a decision might, however, cause difficulty in
relation to Jersey and the Isle of Man, where constitutionally, abolition would
need an enactment of the local legislature (the States of Jersey and Tynwald
respectively). A UK Bill to abolish capital punishment in the DOT might suggest
1
./..