KC 380/1
CONFIDENTIAL
NOTES FOR MEETING PETWEEN SIR PETER RAMSBOTHAM, MR CCKTARZI AN THE PUS
ง
DRAFT
SECURITY CLASSIFICATION
To:-
Top Secret,
Secret.
Confidential,
Restricted.
Unclassified.
PRIVACY MARKING
......In Confidence
1.
Type i +
From
KADINLA
w/137
Telephone No. Ext.
Department
CAPITAL PUNISHMENT
Sir P Ramsbɔtham is aware that a submission has gone forward to the Secretary of State suggesting that he proposes to his Cabinet colleagues that the question of capital punishment fu the Dependent Territories should be brought before Parliament without delay. The objective will be, is not to abolish capital punishment in the Dependent Territories (this could probably not be achieval. quickly because of the difficulty of finding parliamen AȚ tire for the necessary legislation) at least to take atapo
This wil give the to suspend the Creech Jones doctrine. Secretary of State she powez, when advising The Queen on the exercise of her prerogative mercy, to take account of all relevant circumstances of a case, and not just, as a present, to confine himself to considering whether on not there is a possibility of a miscarriage of justice. This should not be interpreted to mean that the Secretary of State will automatically recommend commutation in every case: he will have to consider each case, in detail, or its merits. But in doing so, he would clearly have so teke account of the strong feelings on the subject which have been expressed here and in particular of the views of Parliament that emerge from the debate of the Secretary of State's proposals.
2.
PREROGATIVE OF MERCY
There is a aivergence between the advice Sir P Ramsbotham has received from his Attorney General and the view of the FCO Legal Adviser regarding the exercise of the prerogative
of mercy.
The Bermuda Attorney General's opinion is the once Her Majesty. advised by JK Ministers. had ceclined to grant a neprieve, the Goren would have no
JU. TIDENCIAL
/himse
Dd30
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