CONFIDENTIAL
HD1ADP
F
is taken on the voting age ie next autumn.
9. The Governor wrote to me last week to express his acute concern at this situation. He believes strongly that the correct policy, morally and politically, would be to commute in any outstanding case which commenced before the referendum. However, before proceeding on
this course which could lead to constitutional conflict, he has asked for guidance on ministers' views on the principle of capital punishment (he does not seek advice on specific cases). It is against this background that the reply to Mr Rees has been drafted. A formal submission to prepare an answer to Sir D Langley will
follow.
RobinGahan
R S GORHAM
- 4 ́-
CONFIDENTIAL
Rt Hon Merlyn Rees PC MP
HOUSE OF COMMONS
LONDON SWIA OAA
Dach
♡NIAD for a drajv
System in 13/11
Aus
PS/Mr Savishy
Nittrund
Dear Damjan
3 November 1989
I would appreciate your comments on the enclosed paper which
has been sent to me.
Sincerely Mech.
Merlyn Rees
Rt Hon D Hurd MP
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 circunstances it may be the execution itself which leads to riot and trouble.
hile the neno “ mains 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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