TNAG-1004-FCO40-1248-Capital-punishment-in-the-Dependent-Territories-1981 — Page 22

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LINES OF THE REQUEST I HAVE MADE TO YOU.' END.

↑

THANK YOU FOR YOUR LETTER OF 8 DECEMBER TO PETER CARRING-

TON ABOUT CAPITAL PUNISHMENT IN THE DEPENDENT TERRITORIES. I

HAVE BEEN ASKED TO REPLY.

IT MAY BE HELPFUL IF I AMPLIFY THE INFORMATION CONTAINED

IN PETER BLAKER'S REPLY TO YOUR QUESTION ON 29 OCTOBER, AND IN

NORMAN SI JOHN STEVAS'S REPLY ON 11 DECEMBER.

FIRST, THE POWER TO EXERCISE THE PREROGATIVE OF MERCY IN

CAPITAL CASES IS CONSTITUTIONALLY DELEGATED TO GOVERNORS BY

THE CROWN: IT HAS ALWAYS FORMED PART OF THEIR DUTIES AND IS

NOT A NEW DEPARTURE. THE GOVERNOR IS ALSO UNDER OATH TO UPHOLD

THE LAWS OF THE TERRITORY. AS YOU KNOW, THE SEVEN TERRITORIES

WHICH RETAIN CAPITAL PUNISHMENT HAVE VOTED TO DO SO.

SECOND, THE FACT THAT THE DEATH PENALTY FOR MURDER HAS

BEEN ABOLISHED IN THE UK IS IRRELEVANT IN TERMS OF THE DEPENDENT

TERRITORIES WHO MAKE LAWS TO COVER THEIR OWN SPECIAL CIRCUMSTAN-

CES. AS THE LEADER OF THE HOUSE EXPLAINED ON 11 DECEMBER, HER

MAJESTY'S RESIDUAL PREROGATIVE OF MERCY IS EXERCISED VERY RARELY

IN SPECIAL CIRCUMSTANCES: TO EXERCISE IT AUTOMATICALLY IN

EVERY CASE WHERE THE LOCAL DECISION IS TO LET THE LAW TAKE ITS

COURSE, BECAUSE OF THE DECISION OF THE UK PARLIAMENT, WOULD BE

UNCONSTITUTIONAL.

ABOLITION OF CAPITAL PUNISHMENT FOR MURDER IN THE TERRI-

TORIES CONCERNED CAN BE BROUGHT ABOUT ONLY BY A CHANGE IN THE

LAW OF THOSE TERRITORIES AND THEIR GOVERNMENT AND LEGISLATURES

ARE NOT WILLING AT PRESENT TO MAKE SUCH A CHANGE.

THERE ARE CURRENTLY TWO APPEALS AGAINST SENTENCE PENDING

IN THE BRITISH VIRGIN ISLANDS AND BELIZE RESPECTIVELY: THE

ACCUSED IN THE TURKS AND CAICOS ISLANDS PLEADED GUILTY TO

MANSLAUGHTER AND WAS SENTENCED TO 10 YEARS IMPRISONMENT.

I HOPE YOU WILL FIND THIS HELPFUL.'

END.

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