TNAG-0600-FCO40-748-Capital-punishment-in-Dependent-Territories-1977 — Page 157

CONFIDENTIAL

173

01-405 7641 Ext.

Communications on this subject should

be addressed to

THE LEGAL SECRETARY

ATTORNEY GENERAL'S CHAMBERS

Our Ref: 400/77/180

B G Cartledge Esq

10 Downing Street LONDON SW 1

Dean Carludge,

ATTORNEY GENERAL'S CHAMBERS,

LAW OFFICERS' DEPARTMENT,

RECEIVED IN REGISTRY No. 51

2 5 JUL 19/7

HKG 380/1

ROYAL COURTS OF JUSTICE,

HKGD

as

PS.

LONDON, W.C.2.

22 July 1977

даму

Ps/Lord Gorom otherts

my cortazzi

Vor Stanley

Regal Advisers Parliamentam

CAPITAL PUNISHMENT IN THE DEPENDENT TERRITORIES

Unit

The Attorney General has seen your letter to Ian Maxwell seeking his and the Lord Chancellor's advice on the Foreign and Commonwealth Secretary's memorandum (DOP (77) 19). He assumes that the Prime Minister's request is concerned with the constitutional issues arising on the memorandum rather than with the political question whether this is the appropriate time to take steps to secure the abolition of the death penalty in the dependent territories, particularly in the light of the Bermudan murder. On this assumption, the Attorney General has expressed the following views:-

(1) The intention and effect of the Secretary of State's

proposals would be to suspend, under the guise of the exercise of the Crown's ultimate prerogative, the law in each of the territories concerned providing for capital punishment. It would be unconstitutional to suspend the law by administrative action in this way. It would also be inconsistent with the exercise in good faith by the Governor and his advisers of the powers delegated by law to them authorising them to exercise, or not to exercise, the prerogative taking into account the circumstances of each particular

case.

(2) The proposed announcement to Parliament is misleading.

It implies that consideration would be given to the circumstances of each case in accordance with the accepted practice, but the Secretary of State's inten- tion is to exercise the prerogative as a matter of general policy in all cases irrespective of any circum- stance other than the views of Parliament.

CONFIDENTIAL

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