HM G to force a bill through the local legislature under
his reserved legislative power, but not in Belize, Bermuda,
the British Virgin Islands or Montserrat. H M Commissioner
could secure the passage of legislation in Anguilla also.
4. It would however be most unusual for H M G to impose
legislation on a domestic matter of this kind upon any
DOT against the wishes of the local government, especially
a Kerritory the elected government of
with a substantial
degree of local autonomy.
Exercise
5. Under the constitution of every DOT, power to exercise
the Royal prerogative of mercy is delegated to the Governor
In deciding whether or not to commute a death sentence in
capital cases he is required to act in his own deliberate
judgement, after consulting either his Executive Council
or (in more advanced territories) an Advisory Committee on the Prerogative of Mercy, and taking into account a report
from the trial judge. In deciding whether or not to
exercise the prerogative of mercy, the Governor is not subject
to instructions from H M G as to how he should act.
6. The delegation of authority to the Governor leaves a
residual power to exercise the prerogative of mercy with
Her Majesty, who is advised by the Secretary of State. In
1947 Mr Creech Jones made a statement in Parliament describing
the Secretary of State's position over capital cases (copy
attached). His statement reflected a long-standing practice
- see next paragraph) which (with one exception in 1973 has been observed by
successive Secretaries of State up to the present time.
7. Over the years colonial Governors have conscientiously
discharged the constitutional responsibility vested in them
in consultation with their Executive Councils or Advisory
Committees, to consider all capital cases, and there has
/been
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