TNAG-0931-FCO40-1149-Capital-punishment-in-the-Dependent-Territories-1980 — Page 36

LORD

CHANCELLOR

PRIME MINISTER

PM/80/82

CONFIDENT I ́A L

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PS/LPS WHY PS (Mr Padley

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Chief Clark Mr. Donald

Capital Punishment in the Territories

I agree entirely with the views expressed in the Foreign and Commonwealth Secretary's minute to you of the 40 3rd December.

(41)

I do bear in mind that the retention of capital punishment in Dependent Territories can cause criticism in some quarters of the Judicial Committee of the Privy Council, where there is a right of appeal - the same is true of appeals from independent Commonwealth countries which retain capital punishment. I hope we shall resist pressure to abandon the right of appeal because of this factor: the right does at least give those convicted an additional chance, not that it is very often that an appeal succeeds.

Apart from that, I do not think we ought, by

legislation at Westminster, to force Dependent Territories to adopt policies different from those adopted by independent Commonwealth countries.

I am sending copies of this minute to the Home Secretary, the Foreign and Commonwealth Secretary, the Secretary of State for Defence and the Secretary to the Cabinet.

5

December 1980

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