TNAG-0722-FCO40-920-Capital-punishment-in-the-Dependent-Territories-1978 — Page 160

E.R.

9 It is relevant to note here that although capital punishment for murder

has been abolished in the United Kingdom (and in Guernsey), it is retained for

murder in Jersey and the Isle of Man. Responsibility for tendering advice on

the exercise of the prerogative in capital cases rests entirely with the

Home Secretary since the Lieutenant Governors of the Islands, unlike the

Governors of the dependent overseas territories, have no delegated authority

in such cases. The Home Secretary offers advice according to the circumstances

of each individual case. In the Isle of Man only one sentence of death has been

passed since 1872 and that (in 1973) was commuted, while for Jersey the last

execution for murder took place in 1959, since when six death sentences have

been commuted.

Removal of the Governor's Delegated Authority

10 If it were desired to remove the delegated exercise of the prerogative of

mercy from Governors in capital cases so that the position of the Foreign Secretary

in relation to the DOT was the same as the Home Secretary's in relation to the

Islands, it would be necessary to amend the constitution of each DOT concerned

as in current paragraph 9.

11

As current paragraph 11.

17

...

had been taken. Such a decision might, however, cause difficulty in

relation to Jersey and the Isle of Man, where constitutionally, abolition would

need an enactment of the local legislature (the States of Jersey and Tynwald

respectively). A UK Bill to abolish capital punishment in the DOT might suggest

1

./..