11032
PUBLIC RECORD OFFICE
Reference :-
TLC.O. 885
11 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
MY LORD,
No. 600.
(GRENADA.)
LAW OFFICERS to COLONIAL OFFICE.
Temple, September 30, 1869.
We are honoured with your Lordship's commands, signified to us in Sir Frederic Rogers' letter of the 15th instant, stating: :
Ist. That he was directed by your Lordship to transmit to us the copy of a Despatch of the 22nd July from the Governor of the Windward Islands and of the enclosures thereto, reporting a difficulty which had arisen; first, with respect to the proposed commutation of the sentence of a prisoner, C. W. Protain, who had been convicted of felony in Grenada and sentenced to transportation; and, secondly, with respect to certain prisoners whose sentences of transportation had been already commuted into long terms of imprisonment.
2nd. That it appeared that in 1853 and 1854 a very similar difficulty arose in Barbados, which was submitted to the then Law Officers of the Crown, and copies of their several opinions of the 16th February 1853, and of the 3rd May and 5th July 1854, were annexed for reference.
3rd. That Sir F. Rogers was desired also to annex a copy of the section of the Grenada Law (section 4 of No. 116), which applied to the case of C. W. Protain, from which it would be seen that the prisoner was liable, at the discretion of the Court, to be transported for life, or for any terin not less than 15 years, or to be imprisoned for any term not exceeding three years with or without hard labour.
4. That with reference to the other five cases inentioned in the schedule, it might be stated that the maximum term of imprisonment, as fixed by the law of Grenada, upon any conviction for felony or misdemeanour was four years, with or without hard
labour.
5. That for the offences of which the three first and last of the five prisoners were Thom. Real, convicted, the maximum term of imprisonment which the court had a discretion to Victor, and impose was four years, with or without bard labour; and that for the offence of which Roberts. the fifth prisoner (Bibby) was convicted the maximum term of imprisonment was three years,
with or without hard labour; while for the offence of arson, for which the fourth prisoner (Floris) was convicted, the court had no discretion to impose any term of imprisonment. But the court was empowered to order sentence of death to be recorded, and a conditional pardon might be granted under section 20 of No. 79. Copies of No. 170, section 2, of No. 129, and of section 20 of No. 79, were annexed for reference.
6. That Sir F. Rogers was pleased to add that no difficulty of that kind could arise for the future, as the Local Legislature had just adopted the Consolidated Criminal Law now in force in England.
7. That under those circumstances Sir F. Rogers was pleased to request that we would favour your Lordship with our opinion upon the following questions:-
(1.) Whether in the case of C. W. Protain the commutation proposed by the Chief Justice was illegal?
(2.) Whether an offer should be made to the convict to commute the original sentence, and whether having regard to the Law of Grenada, as above stated, a com- mutation into a longer sentence than four years' imprisonment could legally be offered, or whether such commutation should be limited to four years' imprisonment with hard labour?
(3.) Whether if the convict refused to assent to any commutation the original sentence of transportation could be carried into effect, and in what way? On which point Sir F. Rogers was desired to refer us to the 17th section of 5 Geo. 4. c. 84., and to the more recent Acts of 16 & 17 Vict. c. 99., and 20 & 21 Vict. c. 3.
(4.) That supposing that the sentence of transportation could not be carried into effect, by what authority, if any, the convict could be retained in custody, and whether he could be subjected to hard labour; on which point Sir F. Rogers was desired to refer us to the first section of a Grenada Act, No. 123, of which section a copy was annexed.
o 16278.-408. 25.-5/86.