TNAG-0837-FCO40-1045-Capital-punishment-in-the-Dependent-Territories-1981 — Page 23

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CONFIDENTIAL

can be

and

only personally distressing but it sometimes places great

strain upon his relationships with his Ministers and other

close political advisers and with the people of the territory.

So long, however; as the responsibility is his, a Governor will

'discharge it faithfully and honourably, taking account of all

the circumstances and not allowing his personal feelings to

override the public interest.

3. It would place Governors in an untenable position and make

it no longer possible for them to comply with existing

constitutional requirements if their personal discretion and

responsibility were to be shared in some way with Ministers in

Executive Commats or London or if the advice tendered by their Advisory Committees

to be in some way secondary to views expressed to them

confidentially from London.

long-standing duniciples

There are two other main reasons why the Creech-lanes

have 'doctrino' was adopted in 1947 and why it has served

4.

snunciated

a great

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多

Arough Sometimes

ir i

dilegalid

to Mniwisher

so well

for, more than thirty years. First, it takes

takes account of the widely differing social systems obtaining in different

Im territories in different parts of the world. leaves to the men on the spot Governor, Ministers, advisers - the difficult

judgment of how each particular case should be viewed in the

context of the society within which it was committed. The

effect and relevance of local beliefs, fears, habits- such

things as sorcery - cannot be easily understood or reliably

assessed from afar. Neither can local public opinion or

possible public reaction.

5. Second, the Creech-Jones doctrine takes account of the

important principle that power should go with responsibility. It has been consistent British policy to devolve upon the

normally Governor and his Ministers constitutional responsibility for the

maintenance of law and order and the administration of justice.

catur Cottered £

has

L

One of the factors to which a Governor and his, advisory committee

must always give due weight in deciding upon the death penalty is the effect their decision will have upon public security and

public confidence. But that is not the only factor: where a

decision leads to public disquiet or disorder and in recent

years this has been the case after a decision to commute as

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2 CONFIDENTIAL

/well as