CONFIDENTIAL
XCC(92)15
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The first option is recommended because commuting their sentences to life will place these prisoners on an equal footing with those convicted at any time immediately after the passage of the Bill into law. Their cases would thereafter be reviewed periodically by the Board of Review, Long Term Prison Sentences. To do otherwise could result in different treatment of the cases of prisoners convicted of similar crimes immediately prior to and immediately following the passage of the Bill.
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In addition, the first option can be implemented quickly at the first meeting of the Executive Council after the passage of the Bill, thus minimising the period of uncertainty with respect to the status of these prisoners. The second option would likely result in a delay of several months in commuting all outstanding death sentences because of the amount of work that must be done by the Administration and the demand on Members' time.
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The cases of any prisoners whose trials commence prior to, but conclude after the passage of the Bill into law will be covered by Article 12(1) of the Bill of Rights which states that -
"If, subsequent to the commission of [an] offence, provision is made by law for the imposition of a lighter penalty, the offender shall benefit thereby".
Royal Instructions
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It will be necessary to have the Royal Instructions amended to remove the reference to the death penalty. Once the amendments are passed into law and all the then standing death sentences have been commuted, we will liaise with the FCO to make the appropriate amendments.
in the
royal Pardon
LEGISLATIVE TIMETABLE
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Subject to Members' approval of the introduction of this Bill into the Legislative Council, the legislative timetable will be -
No comments yet.
Private notes are available after approval.