TNAG-0600-FCO40-748-Capital-punishment-in-Dependent-Territories-1977 — Page 162

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point in considering it with others. Moreover, such legislation would be of a transient nature, capable of repeal, perhaps on constitutional evolution and certainly on independence. It would be seen in that light as a

clear imposition of will contrary to the wishes of the

inhabitants.

UK Bill to abolish unilaterally

The UK Parliament could legislate unilaterally to abolish capital punishment in those dependent territories

where it is still retained. This would be the most desirable

solution on legal grounds. It would overcome the present situation whereby the death penalty is retained on the statute book in dependent territories, its exercise being

administratively avoided in the UK. It would also have the advantage of making it clear to the governments and people of the dependencies that the death penalty will be in suspense while they are dependent upon the UK. On

the other hand, action by the UK Parliament would be bitterly resented in the dependent territories on the same grounds that would apply if an attempt were made to instruct Governors to exercise the prerogative of mercy in all cases. At Westminster there would be the difficulty

arising from the fact that hitherto the British Government

itself has not initiated legislation on the death penalty.

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Other Points

6.

A note is attached giving the dates on which the last known

executions were carried out in the dependent territories where the

death penalty for murder is still retained., The last instance of

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Belize the death penalty being applied was in 1972 in the British Virgin Islands. There has thus been no execution in a dependent territory since the present administration took office,

7. If DOP agree the proposal to announce the abrogation of the Creech Jones formula, HM The Queen will be informed before the parliamentary statement is made, as will the Governors of the

territories concerned.

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