TNAG-0599-FCO40-747-Capital-punishment-in-Dependent-Territories-1977 — Page 143

Confidential

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Mr Stewart.

Capital Punishment in Dependent Territories.

I. In his minute of 5 April Mr Stanley indicated that he would like you to consider the papers on capital punishment in the dependent territories as may shortly be some appeals to Her Majesty for the exercise of Her Prerogative of Mercy.

2.

The informatory background note ( at Annex I) summarises the present position regarding capital punishment in dependent territories.

3.

The following cases are at various stages of appeal:

BELIZE

Gilbert Patten

Leopold Jones

BERMUDA

Burrows and Tacklyn.

Sentenced to death on II October 1976. Court of Appeal has dismissed appeal. The Advisory Committee on the Prerogative of Mercy in Belize is to consider the case.

commuted

Sentenced to death on 4 February 1977. Result of appeal awaited. (Mr McEntee has indicated that he may have to let the law take its course regarding this case)

Tacklyn's appeal should have been heard by Court of Appeal at end of March. The Governor has already indicated that he will not take action on Burrows regarding the Government House murders until the outcome of Tacklyn's appeal is known.

4.

The object of the Submission of 28 January, as well as with several others during the past year, was to endeavour to obtain Ministerial decision on how such appeals should be dealt with in future.

5.

Mr Rowlands has twice looked at the Submission and has commented that he does not think there is sufficient urgency to put the matter to the Secretary of State. He has added that he hopes that the various cases pending can be handled in such a way as to avoid the Secretary of State having to advise Her Majesty.

6. Our policy on this subject is not entirely clear because there is some uncertainty as to whether the so-called 'Creech-Jones doctrine' should continue to apply or not.

The Creech-Jones doctrine

formulated in 1947 and last reaffirmed in 1969 says in effect that the Governor of a Territory to whom The Queen has delegated Her authority should himself decide whether or not to commute a death sentence. He is the person best qualified to make such a decision, being in possession of local knowledge and having the benefit of advice of his Council. If the Governor decides not to commute a sentence and there is an appeal to H.M. The Queen, the Secretary of State should, in order not to undermine the authority of the Governor, advise H.M. The Queen to exercise Her Prerogative only in exceptional cases where there has been an evident miscarriage of justice.

In 1974, however, hr Callaghan, then Secretary of State, said, in a minute on the death penality in Hong Kong, that he saw no prospect of returning to the use of the Creech-Jones formula for the time being, nor of sustaining it when challanged in the House.

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CODE 18.77

Confidential

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This decision/..