TNAG-0931-FCO40-1149-Capital-punishment-in-the-Dependent-Territories-1980 — Page 17

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CONFIDENTIAL : STAFF IN CONFIDENCE

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Can the Governors' position be eased in other ways?

Mr Davidson has suggested that capital cases in the Dependent

Territories should automatically be referred to the Judicial

Committee of thePrivy Council. This suggestion is however

misconceived, since the Committee is a court of law (which may

indeed have entertained an appeal in the case). It falls to the

executive to consider mercy after the judicial processes have

upheld conviction and sentence and responsibility for mercy

cannot be transferred to a judicial body..

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It is worth examining another stage in the process.

Although a Governor must in the last resort make up his own

mind, he is already not entirely alone in considering a case.

Depending on the different colonial constitutions, he receives

the advice either of his Executive Council or, in some territories,

of a local 'Mercy Committee'. It has happened, notably in the

British Virgin Islands, that the local Committee, partly for

reasons of local prejudice, has been unwilling to recommend

commutation, even where there appeared to be extenuating circum-

stances. A Governor is not bound by the advice of the Committee

and must not allow the law to take its course if he considers that

there are proper grounds for commutation. In this he can draw on

advice from London and sometimes obtain outside expert advice

(eg a psychiatrist).

Nevertheless, the role of the Mercy Committee

is an important one, and the position of a Governor is made more

difficult if he has to go against its advice, particularly in a

small territory. It would obviously help if the bias of these

bodies could be reduced.

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CONFIDENTIAL : STAFF IN CONFIDENCE