CONFIDENTIAL
STAFF IN CONFIDENCE
10. If the local tribunal is unduly biased, it should be possible to reconstitute it so that the Governor gets the benefit of consulting with reasonably fair-minded local men. There is no necessity for all the members of the tribunal to be local Ministers, though there is probably an advantage in associating a member of the local Government with whatever decision is reached by the Governor.
11.
Another objection to an external tribunal is that when independence comes, the question of mercy must necessarily be handled locally. The idea of a single external tribunal for the various dependencies seems to me to be retrogressive.
12. I have already indicated to you orally why the fact that capital punishment for murder no longer exists in the United Kingdom is not in itself relevant to the consideration of a capital case from a dependency.
24 October 1980
Cc Sir Ian Sinclair
Mr Harding
Mr Day
Mr Clift
PS/Mr Hurd
PS/Mr Blaker
Mr Deare WIAD
Mr Munro POD
Mr Payne MCD
3
STAFF IN CONFIDENCE
CONFIDENTIAL
A.R.R.
AR Rushford
Deputy Legal Adviser
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