Fi. The Minister of State
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HKG380/2
Foreign and Commonwealth Offic
2. DEC 1980
London SWIA ZAH
INDEX
NO IBBR.
December 1980
Dear Ken
Thank you for your letter of 8 December to Peter Carrington about capital punishment in the Dependent Territories. I have been asked to reply.
It may be helpful if I amplify the information contained in Peter Blaker's reply to your Question on 29 October, and in Norman St John Stevas's reply on 11 December.
First, the power to exercise the Prerogative of Mercy in capital cases is constitutionally delegated to Governors by the Crown; it has always formed part of their duties and is not a new departure. The Governor is also under oath to uphold the laws of the territory. As you know, the seven territories which retain capital punishment have voted to do
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Second, the fact that the death penalty for murder has been abolished in the UK is irrelevant in terms of the Dependent Territories who make laws to cover their own special circumstances. As the Leader of the House explained on 11 December, Her Majesty's residual Prerogative of Mercy is exercised very rarely in special circumstances; to exercise it automatically in every case where the local decision it to let the law take its course, because of the decision of the UK Parliament, would be unconstitutional.
Abolition of capital punishment for murder in the territories concerned can be brought about only by a change in the law of those Lerritories and their government and legislatures are not willing at present to make such a change.
There are currently two app als against sentence pending in the British Virgin Islands and Belize respectively; the accused in the Turks and Caicos Islands pleaded guilty to anslaughter and was sentenced to 10 years imprisonment.
I hope you will find this helpful.
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Kenneth Maris
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