The
Death Penalty: British
Dependent
Territories
It may not be generally known that number of British Dependent Territories retain the Death Penalty for Murder: and that excecutions have indeed taken place under this law since the Death Penalty was abolished in the United Kingdom itself. Moreover, the law in these territories may differ, not merely in relation to the Penalty, but also in the Defences available: for example the absence of a defence of Diminished Responsibility.
where the Death Penalty is retained, the procedure for mercy is broadly as follows. After the Judicial appeal machinery is exhausted, - including appeal to the Judicial Committee of the Privy Council, it has been the Foreign and Commonwealth Office practice - well known in the dependent territories for the final consideration of the prerogative of mercy, to rest with the Governor of the Colony usually following some local consultation.
In the heated atmosphere in a small Territory after a conviction for murder, the tide of local opinion may in some circumstances operate strongly against commutation of a Death Sentence. It is by no means unknown for a difficult internal Security situation to develop: just as in other circumstances it may be the execution itself which leads to riot and trouble.
While the meno p ains so strong of what might have happened to the innocent "Guildford Four" had Cap ital Punishment been in force when they were tried, may this not be a timely moment for the various powers that be to reconsider the issue of the Death Penalty in the Dependent Territories?
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