TNAG-0721-FCO40-919-Capital-punishment-in-the-Dependent-Territories-1978 — Page 13

CONFIDENTIAL

ง

shorter term.

Removal of the Governor's Delegate Authority

9. If it were desired to remove the delegated prerogativ

of mercy from Governors in capital cases, this would

entail amendment of the constitution of each DOT concerned.

The amendment could be effected by Order in Council, but

it would be most unusual (and, in the case of Bermuda,

unconstitutional) to effect such an amendment without.

consultation with the local governments, and the local

governments would be unlikely to concur. If nevertheless

the constitutions were amended, the decision in every case

would rest exclusively with the Crown, as advised by the

Secretary of State, who would necessarily have to rely

on the Governor for guidance as to all relevant

circumstances.

1

10. Unlike the DOTS, in the Channel Islands and the Isle

of Man, where the death penalty for murder still exists,

there is no delegation of the royal prerogative. The.

Lieutenant-Governors refer capital cases to the Hom

Secretary so that he may advise the Crown and he considers

each case individually, taking into account its particular

circumstances as well as relevant public considerations.

By convention, Parliament does not legislate for the

out Islands on domestic matters with/the concurrence of

their governments (which is unlikely to be forthcoming for

abolition of the death penalty). Nevertheless it appears

to be accepted locally that the death penalty could not

out

be carried/in the islands in the face of its abolition

{

in the United Kingdom and the commutation of every death

sentence on the advice of the Home Seoretary is not

expected to excite undue resentment.

}

/11.

}

י.