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(b) A doctor gave evidence at the trial that in his opinion
the accused was mentally retarded.
Considerations (a) and (b) are almost certainly sufficient to allow the Secretary of State to recommend the exercise of the Prerogative of Mercy within the terms of the Creech-Jones formula on the grounds that a miscarriage of justice was likely.
7. Ministers in GEN 103 will need to decide whether the matter
should be raised as a Private Members Motion or whether it should
be raised by the Government itself. We have sought guidance from the Lord President's Office on this question but they have not been able to help us. Traditionally, discussions in the House on capital punishment have been raised on Private Members Motions and decided on a free vote. On the other hand this is a matter of
importance and one which concerns a proposal to abrogate a policy which was originally laid down by the Government of the day. It could be argued that the Government itself would wish to raise it if it is not to run the risk of seeming to shirk its responsibilities. Taking into account what precedent is available, I recommend that the Secretary of State should advise his colleagues that the Government should make time available for a
Private Members Motion.
15 February 1978
Cc:
PS/Lord Goronwy-Roberts PS/Mr Rowlands
PS/PUS
Sir A Duff
Mr Cortazzi
Mr Murray
Mr Stephen Mr Rushford WIAD
3
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ß.
Steend
JAB Stewart
Hong Kong & General Dept
R.J. Stretton
15 Feb.
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