TNAG-0720-FCO40-918-Capital-punishment-in-the-Dependent-Territories-1978 — Page 67

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Privy Council (Capital Sentences) Appeal,

3. LODGING OF APPLICATION. (a) On receipt of the telegram referred to in the Note to Rule 2(e) above, enquiries will be made by the Colonial Office of the applicant's solicitors whether they are prepared to proceed with the case, and on receipt of a reply that the firm of solicitors will proceed, the Secretary of State will fix a date by which the application must be lodged at the Privy Council Office. This date will be communicated to the applicant's solicitors and tele- graphed to the Administrator. If the solicitors do not reply that they will proceed, the Administrator will be informed by telegram, and execution will not be further delayed.

(b) When a petition has been lodged in the Privy Council, the Colonial Office will inform the Administrator of the fact by telegram.

(c) The Colonial Office will inform the Administrator of developments. in the Privy Council in any case which presents unusual features.

(d) The Colonial Office will communicate to the Administrator by telegram the result of an application to the Privy Council for special leave to appeal. The Colonial Office will also forward, in due course, a copy of the Order-in-Council to the Administrator by ordinary mail.

4. PROOF OF DESPATCH OF NECESSARY PAPERS. (a) In furnishing proof that he has despatched the necessary papers to a solicitor in England, a peti- tioner who intends to make application in forma pauperis under Rule 8 of the Judicial Committee Rules, 1908, shall also furnish proof of despatch by air mail of an affidavit or affirmation made by himself stating that he is not worth $120 in the world except his wearing apparel, accompanied by a certificate of counsel that the petitioner has reasonable grounds of appeal Thereupon, proof of the despatch of funds as required by Rule 2 (a) of these Rules shall not be required.

(b) Such a petitioner and his advisers shall be informed that the soli- citors in England are under no obligation to act in a case in forma pauperis. The solicitor instructed by them must be instructed by air mail and be re- quired to inform the Legal Adviser, Colonial Office, in writing, whether he intends to act or not. If the Colonial Office receives no such consent, or receives Intimation that the solicitor instructed is unable to act, the Admini- strator will be informed by telegram and the execution will not be further delayed.

5.

INFORMATION For Colonial OFFICE. In every case where the Colonial Ofice has been informed of the postponement of execution of a sentence owing to the condemned person's intention to apply to the Privy Council for special leave to appeal, the Colonial Office must also be informed in due course by telegram that the sentence has been carried out or has been commuted, as the case may be.