TNAG-0600-FCO40-748-Capital-punishment-in-Dependent-Territories-1977 — Page 23

CONFIDENTIAL

CONFIDENTIAL

CAPITAL PUNISHMENT IN THE DEPENDENT TERRITORIES

The Group had before them a note by the Chairman (GEN 99(77) 2) covering

a draft report to Ministers on Capital Punishment in the Dependent

Territories.

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THE CHAIRMAN said that the draft report had been prepared by the

Secretariat on the basis of contributions provided by Departments.

His initial reaction was that the section dealing with capital punishment in the United Kingdom, the Channel Islands and the Isle of Man should follow immediately after the section on the present position in the dependent territories. The argument setting out the case for change in paragraphs 4 and 5 would also require strengthening. Any options offered

to Ministers would be conditional on Ministers accepting the case that a

change should be made

•

In discussion a number of amendments were proposed and agreed and the

following main points were made

The Governor of Bermuda would need to fix a date for the

execution of the two convicted murderers within the next two wooks.

He was not anxious to do this and a petition to the Queen to exercise

the Prerogative of Mercy was in preparation. Once an Appcal had

boen lodged there would be no need to set dates. Paragraph 1 would

need to be revised to take account of the latest information.

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It was pointed out that it would be unconstitutional to suspend the law providing for capital punishment under the guise of the exercise of the Crown's Prerogativc. Against this it was unlikely that the

Secretary of State would be advising the Queen automatically to commute

sentences in all cases irrespective of the circumstancos.

There were

circumstances in which the sentences might not be commuted, for example

the murder of a Governor; cases for which the death penalty had not been

abolished in the United Kingdom such as treason and piracy and attacks on

members of the Royal Family. The Secretary of State's discretion should

be unfettered in every case;

cach would be considered on the basis of

their merits with regard to all the circumstances before a final decision

was made. In defence of a decision to refer back cases to the Secretary

of State it could be argued that as the Governor had decided against

commutation, the Queen would wish to look at the case. The Secretary of

Stato was simply taking back part of the delegated authority which had been

transferred to the Governor.

1 CONFIDENTIAL