TNAG-0721-FCO40-919-Capital-punishment-in-the-Dependent-Territories-1978 — Page 59

DSR 11C

petitions to the Crown and other

pressures on the Secretary

But there are

come tates Canad Objections to achieving this rower otherwise than by way дведовойти It would bas unconsttakmic

for Ho Soam Gay of state, wher guin of exorcising the Comma prerogation, in effect to suegrand

He how i fech

จ

g.

the DOT's

providin

for capiked punishment.

Accordingly

de porters from

H. Grasferte

Jones practis,

of State than have hitherto been experienced.

12. There would seem to be little object in

departing from the Creech-Jones practice unless as a result

the Secretary of State found himself free to commute the

death sentence in every case so as

to

effectively abolish

B

or suspend capital punishment in the DOTS concerned

1

e. the Secretary of State

strie would be bound to consider each case as it arose on its

merits, and decide in the light of all relevant

circumstances whether or not to advise the Crown to commute.

It is very unlikely that the Governor concerned, in deciding

that the law should take its course, would have overlooked

any relevant circumstange am, even if he had done so, he

would speedily review his own decision when that

circumstance was brought to his notice.

15.

am a Continuée,

Thus a departure from the Creech-Jones practice should

not, in principle, produce any different number of commuted

cases than would result the present practice. (As

(in any ern respects the Associated States, there is no scope for a

new practice since their Governments have been given an

undertaking that the Crown will not be advised to interfere

with the local decision concerning the exercise of the delegated prerogative of mercy) Ein faet no executione have

been carried out in the Ascociated States since they were

established, but this is not due to "ny intervention from

It may be argued that a caperturay the Holy poised from Creech-Jones would

Practice

enable the Secretary of State to take into account,

when considering each case, the fact that the death penalty

for murder has been abolished in the Unite7091 400,900,7/76 204 953

/Kingdom