The Caribbean Territories (Abolition of Death Penalty for Murder) Order 1991 (1991 No. 988) is an
Order-in-Council
An Order in Council is a type of legislation in many countries, especially the Commonwealth realms. In the United Kingdom, this legislation is formally made in the name of the monarch by and with the advice and consent of the Privy Council ('' ...
issued by the
Privy Council of the United Kingdom
The Privy Council, formally His Majesty's Most Honourable Privy Council, is a privy council, formal body of advisers to the sovereign of the United Kingdom. Its members, known as privy counsellors, are mainly senior politicians who are curre ...
abolishing the death penalty for murder in the
British Dependent Territories in the Caribbean.
History
The United Kingdom abolished the death penalty for murder in 1969.
However this abolition was not extended to the
Crown colonies.
The reason for them not being included was due to local favour of retaining the death penalty. Such was the strength of feeling that in 1978, the
Royal Navy
The Royal Navy (RN) is the naval warfare force of the United Kingdom. It is a component of His Majesty's Naval Service, and its officers hold their commissions from the King of the United Kingdom, King. Although warships were used by Kingdom ...
sent a warship to the
British Virgin Islands
The British Virgin Islands (BVI), officially the Virgin Islands, are a British Overseas Territories, British Overseas Territory in the Caribbean, to the east of Puerto Rico and the United States Virgin Islands, US Virgin Islands and north-west ...
in preparation for any unrest after the
Governor of the British Virgin Islands elected to commute death sentences.
Law
In 1991, the
Governor of Anguilla Brian Canty had come under local criticism for commuting the death sentence of a Grenadan prisoner against the advice of the Prerogative of Mercy Committee of the Anguillian Executive Council.
He was also due to oversee another planned execution where no recommendation for
mercy
Mercy (Middle English, from Anglo-French , from Medieval Latin , "price paid, wages", from Latin , "merchandise") is benevolence, forgiveness, and kindness in a variety of ethical, religious, social, and legal contexts.
In the social and le ...
was made, when a
Foreign and Commonwealth Office
The Foreign, Commonwealth and Development Office (FCDO) is the ministry of foreign affairs and a Departments of the Government of the United Kingdom, ministerial department of the government of the United Kingdom.
The office was created on 2 ...
minister called him saying they were planning to abolish the death penalty in the British Caribbean territories. The Governor requested the order be expedited so he did not have to carry out the execution.
Queen Elizabeth II
Elizabeth II (Elizabeth Alexandra Mary; 21 April 19268 September 2022) was Queen of the United Kingdom and other Commonwealth realms from 6 February 1952 until Death and state funeral of Elizabeth II, her death in 2022. ...
issued the Order-in-Council abolishing the death penalty for murder in the UK's dependent territories of
Anguilla
Anguilla is a British Overseas Territories, British Overseas Territory in the Caribbean. It is one of the most northerly of the Leeward Islands in the Lesser Antilles, lying east of Puerto Rico and the Virgin Islands and directly north of Sa ...
, the
British Virgin Islands
The British Virgin Islands (BVI), officially the Virgin Islands, are a British Overseas Territories, British Overseas Territory in the Caribbean, to the east of Puerto Rico and the United States Virgin Islands, US Virgin Islands and north-west ...
, the
Cayman Islands
The Cayman Islands () is a self-governing British Overseas Territories, British Overseas Territory, and the largest by population. The territory comprises the three islands of Grand Cayman, Cayman Brac and Little Cayman, which are located so ...
,
Montserrat
Montserrat ( , ) is a British Overseas Territories, British Overseas Territory in the Caribbean. It is part of the Leeward Islands, the northern portion of the Lesser Antilles chain of the West Indies. Montserrat is about long and wide, wit ...
and the
Turks and Caicos Islands
The Turks and Caicos Islands (abbreviated TCI; and ) are a British Overseas Territory consisting of the larger Caicos Islands and smaller Turks Islands, two groups of tropical islands in the Lucayan Archipelago of the Atlantic Ocean and no ...
.
Bermuda
Bermuda is a British Overseas Territories, British Overseas Territory in the Atlantic Ocean, North Atlantic Ocean. The closest land outside the territory is in the American state of North Carolina, about to the west-northwest.
Bermuda is an ...
was not included in the order due to having
self-governance
Self-governance, self-government, self-sovereignty or self-rule is the ability of a person or group to exercise all necessary functions of regulation without intervention from an external authority (sociology), authority. It may refer to pers ...
.
They would later abolish the death penalty for murder in 1999 following an act of the
Parliament of Bermuda.
The Turks and Caicos Islands retained the death penalty for treason and piracy before completely abolishing it in 2002 due to the British government exercising powers to do so under the
West Indies Act 1962.
See also
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British Overseas Territories
The British Overseas Territories (BOTs) or alternatively referred to as the United Kingdom Overseas Territories (UKOTs) are the fourteen dependent territory, territories with a constitutional and historical link with the United Kingdom that, ...
*
Crime in the United Kingdom
Crime in the United Kingdom describes acts of violent crime and non-violent crime that take place within the United Kingdom. Courts and police systems are separated into three sections, based on the different judicial systems of England and Wal ...
*
Death penalty in the United Kingdom
*
List of law enforcement agencies in the United Kingdom, Crown Dependencies and British Overseas Territories#Overseas Territories
*
Royal prerogative of mercy
In the English and British tradition, the royal prerogative of mercy is one of the historic royal prerogatives of the British monarch, by which they can grant pardons (informally known as a royal pardon) to convicted persons. The royal prer ...
References
{{Americas topic, Crime in
Orders in Council
1991 in British law
Anti–death penalty laws
Society of British Overseas Territories
1991 in the United Kingdom
1991 in the British Virgin Islands
1991 in the Cayman Islands
1991 in Montserrat
1991 in the Turks and Caicos Islands
1991 in Anguilla
Capital punishment in the United Kingdom