LORD
CHANCELLOR
PRIME MINISTER
PM/80/82
CONFIDENT I ́A L
---HOUSE OF LORDS,
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By de PS Date 1300
USK OFFICER
Mins
INDA
PS/LPS WHY PS (Mr Padley
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Bicht God's Breei
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Chief Clark Mr. Donald
Capital Punishment in the Territories
I agree entirely with the views expressed in the Foreign and Commonwealth Secretary's minute to you of the 40 3rd December.
(41)
I do bear in mind that the retention of capital punishment in Dependent Territories can cause criticism in some quarters of the Judicial Committee of the Privy Council, where there is a right of appeal - the same is true of appeals from independent Commonwealth countries which retain capital punishment. I hope we shall resist pressure to abandon the right of appeal because of this factor: the right does at least give those convicted an additional chance, not that it is very often that an appeal succeeds.
Apart from that, I do not think we ought, by
legislation at Westminster, to force Dependent Territories to adopt policies different from those adopted by independent Commonwealth countries.
I am sending copies of this minute to the Home Secretary, the Foreign and Commonwealth Secretary, the Secretary of State for Defence and the Secretary to the Cabinet.
5
December 1980
Hoof S&M