CONFIDENTIAL
DRAFT COMMENTS ON NOTE ATTACHED TO MR GRATTAN'S MINUTE
OF 30 APRIL
1.
2.
The following amendments are proposed:
(i)
(ii)
Page 2 sub-paragraph (e) substitute "one execution in Montserrat".
In view of recent firm indications received from Governors and Geographical Departments regarding the present attitude in Dependent Territories to any suggestion that capital punishment should be abolished, the sentence beginning "It seems unlikely ... death penalty here" should be deleted and replaced by the firm statement "there has been no evidence of a change of attitude since then".
(iii) Page 3 sub-paragraph (d) delete "administrations"
substitute "demonstrations".
(iv) Page 3 sub-paragraph (e) before "Members" insert
"unofficial" and before "attitudes" insert "public".
Before the Section headed "Possible courses of action", a reference should be inserted in the Note to present policy on the exercise of the Prerogative of Mercy as set out in the Secretary of State's circular despatch of 13 May 1971 which confirmed that the general policy laid down in circular despatch no. 9337/47 of 12 December 1947 and its enclosures should continue to apply. Enclosure no. 1 to the last named circular despatch stated "for the Secretary of State to intervene would conflict with the plain intention of the constitutional instruments which I have referred to which set up a better machinery for deciding these matters than anything the Secretary of State could do here; and would be contrary to the commonsense of the Constitution since the Governor, knowing all the circumstances, is in a better position to judge whether the Prerogative of Mercy should be exercised in any particular case.
To this must
be added the further consideration that the best safeguard for a careful decision in so grave a matter is the undivided
...It is inconceivable responsibility of the person who makes it. that, in order to prevent a miscarriage of justice in such a case, I should have to advise His Majesty to intervene, and in practice, therefore, it is highly inprobable any intervention by His Majesty on the advice of the Secretary of State would even take place. I am convinced that to follow any other course would seriously As the impair the administration of justice in the Colonies".
CONFIDENTIAL
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