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DSR 11C (Revised 12/89)
propose legislation, the object of which was solely to
abolish the death penalty. The Criminal Justice Bill
however, gives us an admirable opportunity if the Home
Office and the La President can be so persuaded, to give
Land
cover to abolition in the body of a far-reaching piece of
criminal reform. This would not be a deception of
Parliament or of public opinion but would place the
matter in its relatively minor context in the eyes of
public opinion in this country.
In Confidence
6.
It has been generally held that to
to ensure death
sentences in the Dependent Territories are not carried
out we have four options:-
i) To abolish capital punishment by primary
legislation in the UK (required for Bermuda), or by
Order-in-Council, (which could be applied to the
five Caribbean Dependent Territories). Primary
legisation would require a debate but an
Order-in-Council which would have to
which would have to lie before the
House would also be subject to debate.
ii) To direct Governors to commute in every case
where the advice they have received from their local
Mercy Committee (in some cases ExCo) opposes the
exercise of the Prerogative of Mercy. To instruct
Governors in this fashion has been rightly dubbed
"back-door abolition", since it would purport to
changing the
the law of each Dependent Territory by
executive action and would conflict with the letter
Stock No. C002B