CO885-(15-16) — Page 116

22306.

No. 86.**

(FALKLAND ISLands.)

LAW OFFICERS TO ADMIRALTY.

[Naval Courts Martial: Pardon of Prisoners.]

THE Attorney and Solicitor-General are requested to advise :-

If it is legally competent to the Governor of the Falkland Islands to pardon prisoners sentenced by Naval Courts Martial held within the limits of the Colony,

Opinion-

We answer this question in the negative.

We do not think this power is conferred on the Governor by the 13th Article of his Patent. It would be extremely inconvenient if the Governor had the right to pardon prisoners sentenced by Naval Courts Martial merely because the Court happened to have been held within the limits of the Colony, and we do not think the Article has this effect. The considerations applying to Naval Courts Martial are different from those applying to Military Courts Martial within the Colony. We should, however, add that if it is considered desirable as a matter of policy that the Governors of Colonies should have this power of pardon, the power may be conferred by a modification of the terms of the Patent; there is nothing in the Naval Discipline Act to prevent this being done.

R. B. FINLAY. EDWARD CARSON.

Law Officers Department,

14th June, 1901,

25 W 2757 12 02

D&S 3

PUBLIC RECORD OFFICE

Reference :-

C.O. 885

15 PUBLIC RECORD OFFICE, LONDON

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