TNAG-0720-FCO40-918-Capital-punishment-in-the-Dependent-Territories-1978 — Page 40

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1. there is a capital case in the Island of St Vincent, one of the Associated States. The situation is different from that of capital punishment in the Dependent Overseas Territories, on which I submitted on 20 January, because the Associated States have full responsibility for their own internal affairs and the British Government has no constitutional power to intervene.

2. As regards advice to The Queen if there were to be a petition for the exercise of the prerogative of mercy, non- intervention was established as a principle in 1971. Nevertheless, if there were to be a petition for mercy in this case, and if this were sent either to the Governor, or direct to The Queen or the Secretary of State, the Government of St Vincent is bound under the 1971 arrange- ments to quote the Secretary of State in its reply to the petitioner. The formula makes it clear that the Secretary of State would be declining to intervene for constitutional reasons. This is a distinction which may not be readily apparent if there is such an appeal from St Vincent and the case is picked up by abolitionists here, but it is a vital distinction which the Secretary of State might have to explain in the House of Commons.

RECEIVED

HKC 380/1

AV NO. 51

- 8 FEB 1978

DESK OFFICER INDEX

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REGISTRY Action Taken

YES

26 Januart 1978

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