CONFIDENTIAL
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.8.
(iv)
Legislation by Order in Council
As an alternative to an Act of Parliament,
legislation may be enacted by Order in Council to
abolish capital punishment in relation to any of
the territories concerned except Belize and
Bermuda and probably Montserrat where this would
probably be precluded by the rule in Campbell v Hall
(1774). However, the disadvantages are broadly
similar to alternative (iii) above, andaħlso to (ii)
above in relation to lack of universality.
(v)
Parliamentary Statement abrogating the "Creech
Jones" doctrine
A statement would be made in Parliament to the
effect that the "Creech Jones" formula for dealing
with capital cases in the dependent territories was
no longer regarded as the criterion by which the
exercise of the Prerogative of Mercy should be
governed, and that in future, in each case where a
Governor decided not to exercise the Prerogative
himself, including cases where the prisoner did
not petition for mercy, the case would be referred
to the Secretary of State to consider, having regard
to alltthe circumstances, including the views
Parliament has expressed on the use of capital
punishment in the UK. The Lord Chancellor and the
Law Offices however have advised that it would not
be proper for the Secretary of State consistently
to advise The Queen to grant a reprieve as this
would be equivalent to changing the law by executive
action.
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CONFIDENTIAL
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