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an overall review.
Even if they did, they would still be considering
legal points and not the wider issues for or against a reprieve which
previously fell to the Home Secretary in the United Kingdom.
11. Mr Davidson has also sugested that Governors should be officially
instructed that they may take into account the non-use of the death
penalty in the United Kingdom in reaching their decision.
Mr Ridley
has explained that while, of course, no-one can stop Mr Davidson
taking this into consideration in his own mind, any official instructions
to this effect would be a form of direct intervention by HMG in the
exercise of local law.
12. This is not to say that Governors are entirely alone in reaching
their decision. They have to make up their own minds but they can
call on the advice of the Law Officers in London and seek for further
expert help. An example was the case in 1978 in the British Virgin
Islands when a further psychiatrist's opinion was sought on the
accused as a result of which the Governor decided to commute.
13. The political difficulties which a decision on an execution is
likely to cause may arise in the United Kingdom or locally.
prospect of executions has caused opposition in the United Kingdom
in the past (Hong Kong 1973, Bermuda 1977 and British Virgin Islands
1978).
It would certainly do so again and there would be pressure
on Ministers to intervene. If Mr Davidson were to resign this would,
of course, attract added attention to the question.
Equally,
The
commutation would be strongly opposed locally and possibly lead to
of the BVI
disorder. In 1978, the then Governor was obliged to ask for assistance
from HMG and a frigate was sent to the area. Similar action might
possibly be necessary again in the British Virgin Islands.
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