TNAG-0600-FCO40-748-Capital-punishment-in-Dependent-Territories-1977 — Page 166

DRAFT

To:-

CAPITAL PUNISHMENT IN 'THE DEPENDENT TERRITORIES

.....In Confidence

Type 1 +

From

Telephone No. Ext.

Department

The following is the proposed draft Parliamentary Question and

Answer to announce the abrogation of the "Creech Jones" formula in

capital cases in Dependent Territories:-

Q:

... to ask the Secretary of State for Foreign and Commonwealt›

Affairs if he will make a statement regarding procedure in capital

cases in British Dependent Territories.

A:

Hitherto, the policy of successive Secretaries of State on

the question of capital punishment in the Dependent Territories

has followed that established by the former Secretary of State

for the Colonies, lir Arthur Creech Jones, whereby HH The Queen

would not be advised to intervene in the non-exercise of the

Prerogative of Mercy by a Colonial Governor, unless there had

been an evident miscarriage of justice. (Hangard Vol 441 Cola

230 233 of 11 August 1947.). Since that time the death penalty

has been virtually abolished in the United Kingdom and is retained

os a punishment for murder in only seven of our remaining

Dependent Territories. I no longer regard the "Creech Joner:"

formula as the criterion by which the exercise of the Prerogative

of Mercy should be governed and in future in each case where the

Governor of a Dependent Territory decides not to exercise

G

/the