Secretary of State
CONFIDENTIAL COVERING SECRET
RECEIVED IN REGISTRY No. 51
-ɓ· Jul Mit
HKC 380/1
DEPENDENT TERRITORIES: CAPITAL PUNISHMENT
1.
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Sentences of death have been passed on two men in Bermuda and one in Belize. The local Prerogative of Mercy Committee in Bermuda have advised that the law should take its course and the Acting Governor has accepted this advice. I understand, however, that petitions for mercy will be made to HM The Queen. In the Belize case I understand that the local Committee may now advise the Governor to exercise the Prerogative of Mercy.
2.
Until now British Government policy towards devolution of the Prerogative of Mercy of the Governors was embodied in the so-called "Creech Jones" formula whereby there would be no interference in the non-exercise of the Prerogative of Mercy by Governors unless there had been an evident miscarriage of justice. However, Jim Callaghan, minuted in 1974 that he saw no prospect of returning to the "Creech Jones" formula for the time being or of sustaining it when challenged
in the House.
3.
The Department have now come up with a submission arguing that, because there will probably be three petitions to The Queen against the death sentences in the near future, it is urgent that we should consider the general question of our policy towards capital punishment in the dependent territories. If you accept that the death sentence should no longer be carried out in the dependent territories (seven of which retain the death penalty), it is necessary to consider how this can best be effected. Consideration has been given to various methods such as that the devolution of the Prerogative of Mercy of the Governor should be removed from them; that you might instruct the Governors to introduce legislation abolishing capital punishment,
/or that
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