F
151
Flag A 59
HKG 380/1
CONFIDENTIALRECEIVED IN
26 OCT 1977
DESK OFFICEN INDEX
30. 51 0.51
Hilkes
Mr Stratt
to
R.J. Staatton
12/10
PS
Yes
୯
CAPITAL PUNISHMENT IN DEPENDENT OVERSEAS TERRITORIES
1.
Action Takui
ве
In his paper of 15 July 1977 (DOP (77)19) the Secretary of State recommended the abrogation of the Creech-Jones formula whereby the Secretary of State would not advise The Queen to intervene if a Governor does not exercise the Prerogative of Mercy unless there had been an evident miscarriage of justice under which it is almost inconceivable that any intervention by Her Majesty would ever be
necessary.
2.
This recommendation would mean that in each case where the Governor of a Dependent Overseas Territory (DOT) decides against exercising the Prerogative of Mercy in a capital case, the case should be referred to the Secretary of State so that he could consider it, having regard to all relevant circumstances, including British Parliamentary opinion, before tendering advice to HM The Queen.
Flag B1823. As a result of objections on constitutional grounds by the Flag C Lord Chancellor and the Attorney-General, the Prime Minister directed
75 that officials in the Departments principally concerned should consider
the matter with a view to submitting revised proposals for
73
Flag D
consideration by the Ministerial Group on Capital Punishment in the Dependent Overseas Territories.
4. Officials have now completed their deliberations and produced a note making alternative proposals for removing the responsibility for deciding whether the Prerogative of Mercy should be exercised from the dependent territory concerned. The official note will be considered at a meeting of DOP on 13 October.
5. In essence the new proposed options are:
-No-SEX 103.
(a) that Parliament should introduce legislation to abolish
the death penalty for murder in the DOTS;
(b) that the Creech-Jones doctrine be abrogated; and
CONFIDENTIAL
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