TNAG-0600-FCO40-748-Capital-punishment-in-Dependent-Territories-1977 — Page 45

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advised The King that he would feel it his duty during this period to

recommend commutation of all capital sentences. Although it was

subsequently recognised that this statement offended the constitutional

principle that the Prerogative must be exercised in relation to the

circumstances of individual cases and not in accordance with a predetermined

policy, reprieves were automatically recommended in all cases considered

while the Bill was still before Parliament. Two months later, following

the rejection by the House of Lords of the clause suspending the death

sentence, the Home Secretary made a further statement, saying that his

earlier one had been considered in some quarters to be unconstitutional

and that "from now on each case will be considered on its merits, regard

being had to the special circumstances relating to that case and all other

relevant considerations either of a public or a private nature".

It was

against this background that Mr Creech Jones announced the policy still followed in relation to dependent territori

territories!

[It

14. In 1956, when Mr Silverman's Death Penalty (Abolition) Bill had been

introduced, the then Home Secretary Major Gwilym Lloyd-George, made the following statement (Hansard 23 February 1956, Col 581) -

"The Secretary of State for Scotland and I have considered what course.

we ought to adopt in considering in future the cases of persons

sentenced to death. It would be unconstitutional for us to abrogate

capital punishment by administrative action in anticipation of the

amendment of the law and it is our duty to apply our minds to the

circumstances of each particular case. Each case will be considered

on its merits, regard being had to the special considerations relating

to that case and all relevant considerations of either a public or

private nature."

It will be noted that this statement followed the terms of Mr Chuter Ede's

statement and contained no reference to the views of the House of Commons.

A statement in the same terms was later made by Sir Frank Soskice on 23 December 1964, after the introduction of Mr Silverman's Murder (Abolition of Death Penalty) Bill, for which Government time was made available. The Bill became law in November 1965, suspending capital punishment, for murder

for an initial period of 5 years, but this was extended indefinitely by

Parliament in December 1969. The effect of this was to abolish capital

punishment for murder in the United Kingdom.

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