TNAG-0721-FCO40-919-Capital-punishment-in-the-Dependent-Territories-1978 — Page 11

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CONFIDENTIAL

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4. Although Parliament and, in some cases, Her Majesty in

Council have general powers of legislation in relation to

the DOTS, they are not in fact used to impose laws on a

domestic matter of this kind upon any DOT against the

wishes of the local government, especially the elected government of a territory with a substantial degree of local

autonomy.

Exercise of the Prerogative of Mercy: Present Position

5. Under the constitution of every DOT, power to exercise

the royal prerogative of mercy is delegated to the

Governor. In deciding whether or not to commute a death

sentence in capital cases he is required to act in his own

deliberate judgment, after consulting either, his Executive

Council or (in more advanced territories) an Advisory

Committee on the Prerogative of Mercy, and taking into

account a report from the trial judge. In deciding whether

or not to exercise the prerogative of mercy, the Governor

is not subject to instructions from H M G as to how he

should act.

6. The delegation of authority to the Governor leaves a

residual power to exercise the prerogative of mercy with

Her Majesty, who is advised by the Secretary of State. In

1947 Mr Creech-Jones made a statement in Parliament

describing the Secretary of State's position over capital

cases (copy attached). His statement reflected a long-standing

practice which (with one exception in 1973 see next

paragraph) has been observed by successive Secretaries of

State up to the present time.

G

7. Over the years colonial Governors have conscientiously

discharged the, constitutional responsibility vested in them,

in consultation with their Executive Councils or Advisory

Committees, to consider all capital cues, and there has

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