TNAG-0721-FCO40-919-Capital-punishment-in-the-Dependent-Territories-1978 — Page 117

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3. Thus, we remin a Colenial Fover end are likely to contårnie to be mo for the foreseeable future. In this role our polior in to give local populations no mich sny an possible in their sem affelæn, partimilorly in thoos Territories which are on the read to Ami@perience. This creates its own diloza, particularly since it leñvin us with the ultimate responsibility for what happens in the Territories concerned while taking away our power to influence events in those Territories.

CAPITAL FUNISHMENT IN TIE DEPINIDENT OVERSEAS TENNITONI ES

4. A clear illustration of the type of problem that can arise is in the question of orpital punishment. When capital rmishment for murder was finally abolished in the UK in 1969, the British Government invited the Governments of the Dependent Overseas Territories to introduce their om legislation bamning capital pimiahmant. Seven of them have declir”d to do nŋ. Persons in thono Dependent Territories which still have capital punishment retain the right of appeal to The Quem, and it ja the responsibility of the Secretary of State to advina Nor Kajesty on the reply to give to such petition". When the potition is en appeal for Clemency in capital cason, the Secretery of State in thus in the position of having to advino Tho Quean on the errrying out of a policy that is contrary to the exprana wines of the UK Parliament. Hitherto, the policy of miscassiva Pritish Govornimenta hag been to be guided entirely by the advics of the Governor who, in turn, renka the advice of a Jonnl Advinery Cormittee on the Frorogative of Mercy. The Britich Secretary of State has confined himself to enmuring that nl1 proper legal proceduren have been complied with and that there is no risk of a miscarriage of justice. Howavor, ng paa elem by the considerable connern in Forlicment, and resses ByJdmy public opinion over the exogutiona chich took placa in P lest December, this policy may no longer be acceptable. The Secretary of State, therefore, has indicated his willingness to review the present policy and hopes to bring the subject before Parliament shortly.

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