In the cases of Bermuda and the Caribbean Dependent
Territories, once the judicial appeal processes
(including appeal to the Judicial Committee of the Privy
Council) have been completed, the Governor is
constitutionally bound to consult an advisory committee.
The composition of this body varies from one DT to
another, but it frequently includes Ministers and other
senior officials and representatives of the community.
The advisory committee's role is to consider on a case by
case basis all factors which have a bearing (eg the view
of the trial judge, local public opinion, mitigating
circumstances) and present to the Governor clear advice
on whether the capital sentence should be carried out or
should be commuted. However, the Governor is not bound
to accept the committee's advice. The ultimate decision
is his alone.
Pitcairn (?
Eg in
To be
expanded.
It is correct that the law in relation to defences
available varies from territory to territory.
Bermuda only pre-meditated murder is a capital offence,
in at least one territory (BVI) a plea of diminished
responsibility is not available to the accused.
HMG's policy regarding the capital punishment in the DTS
follows the Creech-Jones doctrine, formulated in 1947;
which laid down that it was for the Governor to exercise
the Prerogative of Mercy and that the Secretary of State
should not advise The Queen to extend clemency for
convicted murders except in the case of a miscarriage of
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Private notes are available after approval.