TNAG-0721-FCO40-919-Capital-punishment-in-the-Dependent-Territories-1978 — Page 60

Kingdom and any views expressed in the House of Commons

or elsewhere about the desirability of abolishing it in

But

the DOTS. Heither the fact of abolition in the United

Kingdom nor abolitionist views expressed in the House of

Commons or elsewhere could be regarded as a

relevant circumstance that would justify a policy of

invariable commutation of every death sentence passed in the

DOTS that the Governor has not himself felt able to commute.

[In other words, it would be unconstitutional to use the

residual prerogative of mercy as a means of effecting

abolition or suspension of the death penalty under the

law of the DOTS and thus by administrative action nullify ng

that lawy

16. It follows that the only proper and effective method of semiring

the abolition of suspension of

setiain the death penalty for murder in those DOTS

under whose law it is still maintained is by means of

legislation.

17. If legislation to abolish or suspend the death penalt

in the DOTS concerned were pending, this would provide the Lam powerfull

Governors with an additional) ground for commutation,

and therefore in practice no further executions would be

likely to take place once the decision to introduce

legislation had been taken.

Foreign and Commonwealth Office

10

March 1978

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