TNAG-0719-FCO40-917-Capital-punishment-in-the-Dependent-Territories-1978 — Page 55

CONFIDENTIAL

HKS. 38671

RECXT CALLOY NO. 51 13 JAN 1978

DESK UFFIZER/

INDEX

MR STEWART

No

PA

| REGISTRY

Action Taken

@311

ве

разал

CAPITAL PUNISHMENT IN DEPENDENT TERRITORIES

1.

2.

Please refer to Mr Collins' minute of 11 January

On his paragraph 3, the Belize Letters Patent 1964 contain, provisions dealing with the prerogative of mercy. We could certainly delete these provisions, but this would amount to a constitutional amendment. Furthermore, if the Belize Government were minded, they could incorporate powers of pardon in local legislation.

3.

While I agree with Mr Collins that uniformity of approach need not be an over-riding requirement, I still think that we should concentrate on the course of abolishing or suspending the death penalty for murder by legislative means rather than on the course of resorting to the preroga- tive of mercy, which is not a satisfactory alternative.

11 January 1978

cc: PS/Lord Goronwy-Roberts

Mr Duff (WIAD)

Mr M B Collins (M & CD)

CONFIDENTIAL

A.R.R. А

AR RUSHFORD

DEPUTY LEGAL ADVISER