CONFIDENTIAL - STAFF IN CONFIDENCE
D
The problem is:
I agree with Mr Harding that it would be desirable for Governors to be given some additional advice about capital punishment.
what advice? Each case is likely to be different. Few will be open and shut. There will probably be extenuating circumstances of one kind or other. Different Governors may have differing problems with their own consciences.
2. There are three broad possibilities:
3.
(a) continued inactivity, leaving it to the Governor alone to
make up his mind in accordance with his own conscience and the juridical background;
(b)
(c)
to remove the responsibility for the ultimate decision from the Governor, either by legislation against capital punish- ment in Westminster, or by transferring the responsibility to a Secretary of State of Her Majesty's Government;
to indicate to Governors that if they felt disposed to commute a death sentence against local advice and purely on grounds of conscience, they would have the full support of HMG including, if necessary, a show of force. (See
the PUS's views recorded in Mr Burns' minute of 20 October.)
Ministers may,
None of these options is entirely satisfactory. Option (b) is probably ruled out for Parliamentary reasons. however, wish to discuss this sensitive issue further before putting views to No 10.
4. Whatever conclusion may be reached, we should in future ensure that any potential Governor who may be called upon to take a final decision on a death sentence, is aware before he accepts the appoint- ment of the extent of his responsibilities and of the attitude of HMG.
J.m.)ay
D M Day
21 October 1980
Cc:
PS/Mr Hurd PS/Mr Blaker PS/PUS
Legal Adviser Mr Munro, POD
Mr Deare, WIAD Mr Payne, M&CD
CONFIDENTIAL - STAFF IN CONFIDENCE