OTHER POSSIBLE SOLUTIONS
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29. If we reject abolition, as I think we should, it seems to me that the most hopeful line of advance is to make more extensive use of the Prerogative by a slight reassessment of what constitute sufficient mitigating circumstances. If there were a strong sentiment in the House of Commons in favour of abolition or in favour of exacting the extreme penalty only in the most heinous cases I think that that is a factor which a Secretary of State would be justified in taking into account in considering, in a particular case, whether to recommend the exercise of the Prerogative. This would probably not in practice result in a very marked decrease in the number of executions. In the last 12 months only 13 persons have been executed, and there is not, therefore, a great deal of scope for reduction. Nevertheless we might effect some readjustment of our estimate of what constitute mitigating circumstances sufficient to justify a reprieve, for example, by giving greater weight to the emotional stress under which the offender laboured and to points on which the Royal Commission recommended amendment of the law, namely, the youth of the offender where he is under 21, provocation by words alone, and the question whether the crime was committed in the course, or in furtherance, of some other offence. I think that it would be right to seek in this way to extend the field in which the Prerogative is exercised and to give some indication in the House that it was the intention to do so. It should be possible without offending against constitutional propriety to give some such an indication in general terms.
THE HOUSE OF COMMONS DEBATE
30. I suggest that we should consider at this stage the nature of the Motion on which the promised Debate is to take place. The ideal arrangement from our point of view would be to have it on the Motion for the Adjournment, but it is likely that the Opposition and others who oppose capital punishment will press for an opportunity to test the weight of opinion by a division. We must therefore consider the terms of a Motion.
CONCLUSION
31. There are, in my view, three courses open to us-to abolish capital punishment, to leave both law and practice as they are, or leave the law as it is and modify practice by making more extensive use of the Royal Frerogative. The last course seems to me the best, and I suggest that we should agree not to amend the law and that I should, in considering in individual cases whether to recommend the exercise of the Prerogative, endeavour to give rather greater weight to the considerations indicated in paragraph 29 above with a view to extending the Prerogative to certain cases in which it would not on present practice have been exercised. I further suggest that, if this is agreed, the Government should put down a motion which avoids the direct issue of abolition.
G. LL.-G.
Home Office, S.W.1,
13th December, 1955.
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