TNAG-0837-FCO40-1045-Capital-punishment-in-the-Dependent-Territories-1981 — Page 95

Paragraph 54 from the Royal Commission on Crime

Report

54..

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Even in cases which we recommend that the mandatory death sentence should be retained, it is our view that there should be an enquiry in depth as to whether the sentence should, in any particular instance, be .carried out or not. The mechanisms for the exercise of the prerogative of

mercy need restructuring. It imports what may appear to be political considerations in which they should play no part. We recommend that the power should remain a prerogative of the Crown - a matter of grace and not subject to review. It should, however, be exercised by the Head of State on the advice of a Committee of Mercy over which he should preside. There should be four (4) other members on this Committee a judge of the Supreme Court of Bermuda, not connected in any way with the trial and nominated by the Chief Justice, a senior advocate appointed by the Head of State after consultation with the Judge, and two citizens appointed by the Head of State after consultation with the Judge and the advocate. Meetings of the Committee should not be in public. Committee should have access to all the records of the case and should have the power to call for any investigations they may think necessary or any examinations of the prisoner. We have considered the desirability of providing that the prisoner be allowed to appear in person or by an advocate before the Committee. Should this be done, the anonymity of the Committee will no longer be protected and an element of emotion may well enter the decision. On the other hand, a convicted prisoner would derive a sense of satisfaction from making a plea before the Committee if he wished to and it can be argued that the very name of the Committee - the Committee-of Mercy implies some element of emotional reaction.

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