TNAG-0721-FCO40-919-Capital-punishment-in-the-Dependent-Territories-1978 — Page 39

187

01-405 7641 Ext. 3229

"mmunications on this subject should

addressed to

The Legal Secretary

ATTORNEY GENERAL'S CHAMBERS

Our Ref: 400/77/180 Your Ref: KG 380/1

Pr13

CONFIDENTIAL

Yes. Yes.

Wlewer/Didue

har Levein/ Tonstax PAK

Dear Tespi

RUSHTOND

ATTORNEY GENERAL'S CHAMBERS,

LAW OFFICERS' DEPARTMENT,

receive

ROYAL COURTS OF JUSTICE,

a copy of the Attany's keinute and NDON, W.C.2. it so did be carey it to be Rushbend.?

Sond

15 March, 1978

to see

Jay

this to

Mr Stewart

de for the four

Send

any

to. Si Ian Smidan OR

CAPITAL PUNISHMENT IN DEPENDENT TERRITORIES

(1) Keep copy for me

Thank you for your letter of 10 March and the draft note you enclosed.

185

My main concern is with paragraph 9 of the note. As you may have (176) gathered from Clive Rose' letter of 2 March, the Attorney-General

has been interested in the removal of the Governor's delegated authority as a possible course which might be followed if legislation is not practicable. In case you may not have seen it I am enclosing a copy of a minute he circulated to Gen. 103 about this.

NT

`A * [folio 177 (77)]

The Attorney-General has been led into thinking along these lines by the knowledge that the Home Secretary exercises the prerogative in relation to Channel Islands and Isle of Man cases, where the death penalty still exists; the Home Secretary has managed to exercise the prerogative without coming into conflict with local opinion. All this was explained in the note attached to Miss Clayton's letter of 31 August 1977, the substance of which was incorporated in the report made by Gen.99 to Gen.103.

Although your draft note is about the dependent overseas territories and not the UK and islands, I suggest that it maght in the circum- stances to refer to the Home Secretary's position in relation to the Channel Islands etc. and to deal shortly with the question whether there are practical considerations which would affect its adoption as a system for the DOT. Of course, I fully accept that the Governor would have to give guidance to the Secretary of State on all the circumstances relating to any case.

See (195)

CONFIDENTIAL

HKC 3867

RECEIVED IN BY NO. 51 1 7 MAR 1973

DESK OFF! INDEX

No

82G13THY Action Take: