TNAG-0599-FCO40-747-Capital-punishment-in-Dependent-Territories-1977 — Page 18

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Mr Wall

CONFIDENTIAL

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CAPITAL PUNISHMENT IN DEPENDENT TERRITORIES

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In your minute of 19 July you have asked whether I think that an announcement of the proposed change in policy on capital punishment could wait until Parliament resumes (sometime after mid-October). There has in fact been a recent development in the Bermuda cases which now makega delayed announcement feasible. A petition was lodged with the Privy Council on 19 July on behalf of Tacklyn for leave to appeal against conviction and sentence. The Acting Governor of Bermuda has said that execution will be stayed in both Tacklyn's case and that of Burrows, which is connected with Tacklyn's, until such time as the Privy Council have handed down a decision. I have been in touch through the Legal Executive Branch with the Privy Council Office and I am informed that the petition will quite certainly not be heard before mid-October. Under those circumstances an announcement could wait until Parliament resumes.

2. In the case of Leopold Jones in Belize (not mentioned in the DOP paper), after an intervention by Mr Rowlands, we now understand that the local Prerogative of Mercy Committee will advise the Governor to exercise his prerogative.

3. If DOP on 27 July concur with the Secretary of State's recommendations, I suggest that a submission to The Queen and despatches or telegrams to the Governors concerned should issue as soon as possible in order that all the necessary arrangements are in hand for a parliamentary announcement as soon as possible after Parliament resumes.

4.

As regards the Channel Islands and the Isle of Man, capital cases are now automatically referred to the Home Secretary in his position as Privy Councillor responsible for the Islands. One of the duties of such a position is to advise The Queen on the prerogative of mercy in capital cases. In practice all capital cases imposed on these Islands since the date of the suspension of capital punishment in the United Kingdom have been commuted.

5. I will cover the points in the final paragraph of your minute in the Secretary of State's briefing for the DOP meeting.

1.0.ß. Seleul

3.

JA B Stewart

Hong Kong & General Dept

21 July 1977

cc:

PS/PUS

Mr Cortazzi o.r.

Mr Hawley

Mr Bickford

CONFIDENTAL