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Constitutional and Legal Affairs - Senate Standing Committee - Report - Death Penalty Abolition Bill 1970


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THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

1971-Parliamentary Paper No. 234

Senate Standing Committee on

Constitutional and Legal Affairs

Report on

Death Penalty Abolition Bill 1970

DECEMBER 1971

Brought up and

ordered to be printed 2 December 1971

COMMONWEALTH GOVERNMENT PRINTING OFFICE CANBERRA: 1972

103

Members of the Committee

Senator R. G. Withers (Western Australia), Chairman

Senator C. B. Byrne (Queensland)

Senator P. D. Durack (Western Australia)

Senator G. lfa,npan (Victoria) .

Senator James McClelland (New South Wales)

Senator L. K. Murphy, Q.C. (New South Wales )

Acting Secretary:

A. R. Cumming Thorn, The Senate, Parliament House, CANBERRA

Printed by Authority by the Government Printer of the Commonwealth of Australia

Report on the Death Penalty Abolition Bill1970

On 13 October 1971, the Senate referred to the Standing Committee on Constitutional and Legal Affairs a Bill then before the Senate, namely the Death Penalty Abolition Bill 1970. This action was taken upon a motion moved by the Attorney-General, Senator the Hon. I. J.

Greenwood, Q.C., after a debate had taken place on the motion for the Second Reading of the Bill, but prior to it being read a second time.

2. At the outset of its inquiry the Committee agreed that it should not, and would not, undertake a re-consideration of the debate on the general principle of the Bill and the arguments raised, both for and against abolition of the death penalty, during that debate. The Committee con­ sidered that rather than continue a discussion of the 'philosophical' principles which had already been extensively dealt with in the Senate, it should consider such matters as-

(i) whether it should recommend the retention of the death penalty for certain crimes, rather than blanket abolition, (ii) the possibility of defining life imprisonment, and (iii) the format of the Bill.

3. The Committee requested the Attorney-General to supply any material which had been gathered by his Department and this request was acceded to. The Committee also requested and received research material from the Legislative Research Service of the Parliamentary

Library. The material is available in the Committee's records for the information of Senators who may wish to examine it. In addition, the Attorney-General agreed that the First Parliamentary Counsel,

Mr J. Q. Ewens, should discuss with the Committee the format of the Bill.

4. As to (i) above, relating to the retention of the death penalty for certain crimes, the Committee makes no recommendation.

5. As to ( ii), the Committee, after seeking advice, is of the opinion that the term 'life imprisonment' as commonly used in Commonwealth and State laws has the meaning which it bears on its face, namely 'for the term of his natural life'. Such a penalty, in its application, is subject to the exercise of the Royal prerogative of mercy and would be subject to parole provisions, where such apply. The Committee has been

advised that under existing laws of the Territories there are no pro­ visions for parole in cases of life imprisonment.

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6. A1i to (iii),. tM Committee is of the opiirl6n that, if the Bill should receive a second reading, additional consideration should be given in the Committee of the Whole to the folfowing matters: (a) the possible effect of existing Imperial laws;

(b) the application of the proposed law to proceedings pending; (c) the question, if the word 'offence' is used in the proposed law , of the extent to which this would have effect in relation to members of the defence forces; (d) the desirability of removing from the long title of the Bill the

words 'under the laws of the Cdrnmonwealth ';and (e) the effect of the proposed law on existittg and future laws of the various Territories of the Commonwealth. The Committee understands that the Act would not apply to the Territory of

Papua New Guinea unless expressly stated to do so.

7. Preferably the Bill shotild contain a Schedule containing references to legislation which the Bill affects. For this purpose the Committee soughtf and obtained, from the Departments of Defence and External Territories, lists of the laws within the administration of those Depart­ ments which contain reference to the death penalty. The information

received is set out in the Appendix to this Report.

8. The Committee is advised that the Papua New Guinea House of Assembly very recently considered two p·rivate members' Bills on the question of capital punishment. One Bill provided for the abolition of the death penalty throughout the Criminal Codes, whilst the second provided for a mandatory sentence of death for the offence of wilful ffiurdet. On 25 :November 1911 both Bills Were defeated on the voice s.

9. Having considered the matters referred to above, the Committee reports the Bill back to the Senate.

2 December 1971

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R. G. WI1HERS Chairman

Papua New Guinea­ Criminal Code of Papua and New Guinea

(These codes are in the process of being unified)

Appendix (see paragraph 7 of the Report)

A. Information received from the Department of External Territories

1. Sections in which the penalty of death is prescribed. (a) Section 37. (Papua identical with New Guinea) Any person who-( 1) Kills the Sovereign, or does Her any bodily harm tending to

Her death, or maim or wounding, or imprisonment or restraint; or

(2) Kills the eldest son and heir-apparent for the time being of the Sovereign, or the Queen Consort of the reigning King; or (3) Forms an intention to do any such act as aforesaid, and mani­ fests such intention by any overt act; or

( 4) Conspires with any other person to kill the Sovereign or to do Her any bodily harm tending to Her death, or maim or wound ing, or imprisonment or restraint; or (5) Levies war against the Sovereign-

( a) With intent to depose the Sovereign from the style, honour, and royal name, of the Imperial Crown of the United Kingdom of Great Britain and Ireland, or of any other of Her Majesty's dominions; or (b) In order by force or constraint to compel the Sovereign

to change Her measures or counsels, or in order to put any force or constraint upon, or in order to intimidate or overawe, any House of Parliament of any of Her Majesty's dominions; or ( 6) Conspire with any other person to levy war against the Sovereign

with any such intent or purpose as last aforesaid; or (7) Instigates any foreigner to make an armed invasion of any part of Her Majesty's dominions; or (8) Assists by any means whatever any public enemy at war with

the Sovereign; or (9) Violates, whether with her consent or not, a Queen Consort or the wife of the eldest son and heir-apparent for the time being of the Sovereign; is guilty of a crime, which is called treason, and is liable to the

punishment of death. (b) Section 81. (Papua identical with New Guinea) Any person who, within the territorial jurisdiction of (Queensland1) commits piracy, is guilty of a crime, and is liable to imprisonment with hard labour for life.

1 Papua/New Guinea

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If the crime is committed with respect to a ship, and if at or

immediately before or immediately after the time of committing the crime the offender-(a) Assaults any person on board of or belonging to the ship, with intent to kill him or to kill any other person; or

(b) Wounds any such person; or (c) Unlawfully does any act by which the life of any such person is endangered;

the offender is liable to the punishment of death.

(c) Section 82. (Papua identical with New Guinea) Any person who, within the territorial jurisdiction of ( Queensland1) does any of the acts following with intent to commit the crime of piracy with respect to a ship, that is to say,-

( 1 ) Assaults any person on board of or belonging to the ship, with intent to kill him or to kill any other person; or (2) Wounds any such person; or ( 3) Unlawfully does any act by which the life of any such person

is endangered; is guilty of a crime, and is liable to the punishment of death.

(d) Section 305. (Papua) Any person who commits the crime of wilful murder is liable to the punishment of death. (2) If a Court finds that a person committed the crime of wilful

murder it shall thereupon consider whether there existed extenuating circumstances such that it would not be just to inflict the punishment of death, and if it finds that those cir­ cumstances existed the Court may impose a sentence of

imprisonment for life or for such lesser term as the Court thinks just. ( 3) Where the Court does not make a finding of extenuati ng cir­ cumstances within the meaning of the last preceding subsection,

an appeal by the convicted person against the severity of sen­ tence shall lie on the ground that such circumstances existed. ( 4) The questions of whether extenuating circumstances exist and, if so, what weight is to be given to them are questions to be

decided in the light of the facts of, and the circumstances of and surrounding, each individual case.

(e) Section 305. (New Guinea) ( 1 ) Any person who commits the crime of wilful murder shall be liable to the punishment of death. ( 2) Any person who commits the crime of murder shall be liable

to imprisonment with bard labour for life, with or without solitary confinement.

' Papua/New Guinea

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(3) If a Court finds that a person committed the crime of wilful murder, it shall thereupon consider whether there existed extenuating circumstances such that it would not be just to inflict the punishment of death, and if it finds that those cir­

cumstances existed the Court may impose a sentence of imprisonment for life or for such lesser term as the Court thinks just. ( 4) Where the Court does not make a finding of extenuating cir­

cumstances within the meaning of the last preceding subsection, an appeal by the convicted person against the severity of sentence shall lie on the ground that such circumstances existed. (5) The questions of whether extenuating circumstances exist and,

if so, what weight is to be given to them are questions to be decided in the light of the facts of, and the circumstances of and surrounding, each individual case.

2. Sections referring to the penalty of death.

(a) Section 18. (Papua)

The punishments which may be inflicted under this Code are as follows: Death; Imprisonment with hard labour;

Imprisonment without hard labour; [Deportation within the Territory;] Detention in an industrial or reformatory school; Solitary confinement; Whipping; Fine; Finding security to keep the peace and be of good behaviour. The punishment of whipping cannot be inflicted upon a female.

(b) Section 18. (New Guinea) The punishments which may be inflicted under this Code are as follows: Death;

Imprisonment with hard labour; Imprisonment without hard labour; Detention in a reformatory prison; Detention in an industrial or reformatory school:

Solitary confinement; Whipping; Fine; Finding security to keep the peace and be of good behaviour. The punishment of whipping cannot be inflicted upon a female.

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(c) Section 192. (Papua identical with New Guinea)

Any person who subscribes a certificate or declaration as to th e execution of a sentence of death, which, in any material particular, is to his knowledge false, is guilty of a crime, and is liable to imprison­ ment with hard labour for fourteen years.

(d) Section 651. (Pap ua identical with New Guinea)

The sentence to be pronounced upon a person who is convicted of a crime punishable with death is that he be returned to his former custody, and that at a time and place to be appointed by the Governor in Council he be hanged by the neck until he is dead.

( e) Section 652. (Papua identical with New Guinea)

Provided that when a person is convicted of any crime punishable with death, except -treason and wilful murder, if the Court is of opinion that, under the circumstances of the case, it is proper that the offender should be recommended for the Royal mercy, the Court may, if it

thinks fit, direct the proper officer, instead of asking the offender whether he has anything to say why senterice of death should not be passed upon him, to ask the offender, and thereupon such officer is to ask the offender, whether he has anything to say why judgment of

death should not be recorded against him.

In any such case the Court may abstain from pronouncing sentence of death, and may, instead thereof, order judgment of death to be entered on record.

And thereupon the proper officer is to enter judgment of death on record against the offender in the usual form, as if sentence of death had actually been pronounced by the Court against the offender in open court.

A record of a judgment of death so entered has the same effect in all respects as if sentence of death had been pronounced in open court.

(f) Section 653. (Papua identical with New Guinea)

When sentence of death is passed upon a woman, she may apply for an order to stay execution on the ground that she is with child of a quick child. If such an application is made, the Court is required to direct on e or more legally qualified medical practitioners to be sworn to examine the woman in some private place either together or successively, and to ascertain whether she is with child of a quick child or not.

If upon his or their report, verified on oath, it appears that she is · with child of a quick child, the Court is required to order that execution of the sentence be respited until she is delivered of a child or until it is no longer possible in the course of nature that she should be delivered.

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(g) Section 664. (Papua identical with New Guinea)

!he punis.hmem of .death 1s .executed by h&nging the offender by his neck he is The t;inle ;app pla.ce ,of execution are to be

appointed :by tl.le Oovernor in Gouncjl.

The sheriff, or under sheriff, or a deputy appointed by the sheriff, is required to be pres.ent at the executio1;1, together with the super­ intendent apd prope.r of the prjson, iQcluding the medical officer. All justices who .ma.y think fit, and such police officers, military troops,

and .adult .spe.ctators as the sheriff, under sheriff, or such deputy, may think fit may also be present.

All the persons attending the execution are required to remain in the enclosure until execution has been done according to law, and until the medical officer has signed a certificate in the form following, that is to say-

1 (A.B.), being the medical officer of the prison at do hereby certify that I have this day witnessed the execution of C.D., lately, as I am informed, convicted and duly sentenced to death at the court: and I further certify that the said C.D.

was in pursuance of such sentence, hanged by the neck until he was dead.

Given under my hand this in the year

day of

The sheriff, or under sheriff, or such deputy, and the superintendent and officers of the prison, and the police officers who are present are required to subscribe, and such other persons as aforesaid who are present may subscribe, before their departure from the prison, a

declaration in the form following, adding their description, that is to say-We, the undersigned, do hereby declare and testify that we were this day present when the extreme penalty of the law was executed on C.D.,

lately, as we are informed, convicted at the court, and

duly sentenced to death on the day of

and that the said C.D. was, in pursuance of such sentence, hanged by the neck until he was dead.

Every such certificate and declaration is to be transmitted by the sheriff, or under sheriff, or such deputy, whichever is present at the execution, to the Registrar of the Supreme Court at (Brisbane1) and is to be entered and kept in his office as a record of the Court, and

a copy of it is to be twice publish.ed in the Gazette.

The body of the offender is to be buried at such place as the Home Secretary may direct. 1 Port Moresby

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(h) Section 665. (Papua identical with New Guinea) In any case in which the Governor is authorised to extend the Royal mercy conditionally to an offender under sentence of death, he may extend mercy on condition of the offender being imprisoned, with or without hard labour, for such term as the Governor may think fit.

Any such extension of mercy is to be signified in writing to the Home Secretary, and the Home Secretary is required thereupon to allow the offender the benefit of a conditional pardon, and to make an order that he be imprisoned with or without hard labour, according to the direction of the Governor. Such allowance or order has the effect of a valid sentence passed by the Court before which the offender was convicted.

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Norfolk Island­ Crimes Act New South Wales in its application to Norfolk Island­

( See Criminal Law Ordinance 1960)

1. Sections in which the penalty of death is prescribed.

(a) Section 11

The provisions of the Act of the Parliament of Great Britain, thirty-sixth George the Third chapter seven, made perpetual by the Act of the Parliament of Great Britain and Ireland fifty-seventh George the Third chapter six, and all the provisions of the last mentioned Act in

relation thereto, save such of the same respectively as relate to the compassing, imagining, inventing, devising, or intending death or destruction, or any bodily harm tending to death or destruction, maim, or wounding, imprisonment, or restraint of the person of the heirs and successors of His said Majesty King George-the Third, and the express­ ing, uttering, or declaring of such compassings, imaginations, inventions, devices, or intentions, or any of them, shall be and the same are hereby

repealed.

Note. The penalty provided for in 36 George III chap. 7 is death.

(b) Section 19

Whosoever commits the crime of murder shall be liable to suffer death.

(c) Section 27

Whosoever-administers to, or causes to be taken by, any person any poison, or other destructive thing, or by any means wounds, or causes grievous bodily harm to any person,

with intent in any such case to commit murder, shall be liable to suffer death.

(d) Section 28

Whosoever-sets fire to any vessel, or any chattel therein, or any part of her tackle apparel or furniture, or casts away or destroys any vessel, or by the explosion of gunpowder, or other explosive substance, des­

troys, or damages any building, or places, or throws, any matter or thing upon or a or

removes, or displaces any sleeper or other thmg belongmg to a railway, with intent in any such case to commit murder, shall be liable to suffer death.

(e) Section 63 Whosoever commits the crime of rape shall be liab le to suffer death. The consent of the woman, if obtained by threats or terror, shall be no defence to a charge under this section.

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(f) Section 67

Whosoever carnally knows any girl under the age of ten y,ears shall be liable to suffer death .

.2. Sed:ioas referring to tbe penalty of death.

(a) Section 430

( 1) In every case of murder or rape, sentence of death shall be pronounced, but in every other case where under this Act an offender is liable to the punishment of 'death, the Judge may abstain from passing such sentence, and direct such sentence to be recorded, and every sen­ tence so recorded shall have the same effect in law as if it had been pronounced in open Court.

(2) It shall not be necessary, in any case, that the disposal of the body shall form part of the sentence.

(b) Section 431 No person shall suffer death, unless for some offence punishable with death at the commencement of this Act, or some offence by this Act or heteafter made so punishable.

(c) Section 448 ( 1) Every sentence of death may be carried into effect on a day to be appointed for that purpose by the Governor. The execution shall take place within the walls, or enclosed yard, of such gaol as the Governor directs, and shall be carried into effect by the Sheriff, or

some deputy appointed by him, and all other proceedings in respect thereof shall be taken in the manner now by law provided. (2) The body of every person executed shall be buried within the precincts of the prison, unless the Governor otherwise directs.

(d) Section 449 ( 1) The Sheriff, or his deputy, together with the gaoler and such officers of the gaol as he requires, including the medical officer, shall be present within the gaol at every such execution.

(2) Every Justice, minister of religion, and officer of police, desiring so to do, and such military guard, and adult spectators, as such Sheriff, or deputy, thinks fit to admit, may also attend thereat.

(e ) Section 450 ( 1) Every person present at any such execution shall remain with in the walls, or enclosed yard of the gaol until the sentence has been completed, and until the medical -officer has signed a certificate in the form set forth in the Seventh Schedule to this Act.

(2) The said Sheriff, or deputy, and the gaoler and officers, shall before their departure subscribe a declaration. in the form also set forth in that Schedule.

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(3) Every such . certificate and declaration as aforesaid shall be forthwith transmitted, by the Sheriff, or his deputy, to the Protho­ notary of the Supreme Court, and be kept in his office as of record, and shall be by him published in the Gazette.

(f) Section 451 ( 1) The body of the person executed shall not be buried, or

removed from the gaol within eight hours next after such execution, nor until an inquest has been held as provided by the Coroners Ordinance 1927. (2) Every person who, within that time, produces to the gaoler an ·Order from a Judge, or Police Magistrate, requiring him to admit the

bearer to view the body, shall be admitted by such gaoler accordingly.

(g) Section 452

Whosoever-subscribes any such certificate, or declaration, as in section fo ur hundred and fifty mentioned, knowing it to contain any false state­ ment, or buries, or removes from such gaol, within eight hours, the body of

the person so executed, shall be liable to penal servitude for seven years.

Note. The pardoning power of the Governor of New South Wales contained in ·section 459 of The Crimes Act New South Wales has not been adopted in Norfolk Island. This power is vested in the Governor-General pursuant to section 27 (i) of the Norfolk Island Act .of the Commonwealth. Section 27 (i) of the Norfolk Island Act

provides: 'The Governor-General, acting with the advice of the Minister, by warrant under his hand, may grant to a person convicted by a court ·of the Territory exercising criminal jurisdiction a pardon, either free or

conditional, or a remission or commutation of sentence, or a respite, for such period as he thinks fit, of the execution of sentence, and may remit any fines, penalties and forfeitures imposed or incurred under a Jaw in force in the Territory.'

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Cocos (Keeling) Island and Christmas Island­ Penal Code of Singapore in its application to the above

Territories.

1. Sections in which the penalty of death is prescribed.

(a) Section 121

Whoever wages war against the Queen, or attempts to wage such war, or abets the waging of such war, shall be punished with death, or with imprisonment for life, and shall also be liable to fine.

(b) Section 121A Whoever compasses, imagines, invents, devises, or intends the death of or hurt to or imprisonment or restraint of the Queen, her heirs or successors, shall be punished with death, and shall also be liable to fine .

(c) Section 121c Whoever abets the commiSSion of any of the offences punishable by section 121A or 121B shall be punished with the punishment pro­ vided for the said offences.

(d) Section 132 Whoever abets the committing of mutiny by an officer, sailor, soldier or airman in the Navy, Army or Air Force of the Queen, shall, if mutiny be committed in consequence of that abetment, be punished with death or with imprisonment for life, or with imprisonment for a term which may extend to ten years, and shall also be liable to fine.

(e) Section 194 Whoever gives or fabricates false evidence, intending thereby to cause, or knowing it to be likely that he will thereby cause, any person to be convicted of an offence which is capital by this Code, or by the law of England, shall be punished with imprisonment for life, or with imprisonment for a term which may extend to ten years, and shall also be liable to fine; and if an innocent person be convicted and executed in consequence of such false evidence, the person who gives such fals e evidence shall be punished either with death or the punishment hereinbefore described.

(f) Section 302 Whoever commits murder shall be punished with death.

(g) Section 305 If any person under eighteen years of age, any insane person, any delirious person, any idiot, or any person in a state of intoxication, commits suicide, whoever abets the commission of such suicide shall

be punished with death or imprisonment for life, or with imprisonment for a term not exceeding ten years, and shall also be liable to fine.

(h) Section 307 Whoever does any act with such intention or knowledge and under such circumstances that if he by that act caused death he would be guilty of murder, shall be punished with imprisonment for a term

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which may extend to ten years, and shall also be liable to fine; and if hurt is caused to any person by such act, the offender shall be liable either to imprisonment for life, or to such punishment as is hereinbefore mentioned.

When any person offending under this section is under of imprisonment for life, he may, if hurt is caused, be punished with death.

2. Sections referring to the penalty of death. (a) Section 53

The punishments to which offenders are liable under the provisions of this Code, are-Firstly-death; Secondly-imprisonment;

Thirdly-forfeiture of property; Fourthly-fine; Fifthly-whipping. Explanation.-Whipping shall be with a rattan. (Amended by Ordinance 20 of 1954.)

(b) Section 54 In every case in which sentence of death shall have been passed, the Governor may, without the consent of the offender, commute the punishment for any other punishment provided by this Code.

(c) Section 55

In every case in which sentence of death, or of imprisonment for any period not less than seven years, shall have been passed, the Governor may, with the consent of the person sentenced, commute the punishment into perpetual or temporary banishment from the Colony.

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B. Information from the Department of Defence

The Secretary, Standing Committee on Constitutional and Legal Affairs. Parliament House, CANBERRA, A. C. T. 2600

Death Penalty Abolition Bill 1970 I refer to your letter of 3 November 1971.

2. Members of the Defence Force, who, after trial by courts martial, have been convicted of certain offences can be sentenced to death. Particulars of these offences are set out below. 3. Section 96 of the Defence Act, which applies to all three Services , provides that every person, tried by court martial for an offence for which the punishment is death, shall, unless the exigencies of the time preclude it, be defended by counsel provided at the expense of the Commonwealth.

4. Section 98 of that Act which likewise applies to all three Services, provides that no member of the Defence Force may be sentenced to death by a court martial except for mutiny, desertion to the enemy, traitorously delivering up to the enemy any garrison, fortress, post, guard, or ship, vessel or boat or aircraft, or traitorous correspondence with the enemy. The section further provides that such sentence shall not be carried out until confirmed by the Governor-General.

5. The Defence Act contains no provisions creating offences for which the penalty is death. These offences are created in the bodies of law which apply sepanitely to each of the three Services. 6. By virtue of Section 34 of the Naval Defence Act, the Navy Discipline Act 1957 of the United Kingdom, subject to adaptations, is applied in the Royal Australian Navy. The offences which, under the latter Act as modified, carry the death penalty are:

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Section 2: Misconduct in action by persons in command with intent to aid the enemy; Section 3 : Misconduct in action by other officers and men; Section 4: Obstruction of operations; Section 5: Corresponding with, supplying or serving with the enemy; Section 9: Mutiny; Section 10: Failure to suppress mutiny with intent to assist the

enemy; Section 42: Civil offences (contrary to the law of England ) of treason or murder.

7. Sections 54 and 55 of the Defence Act apply to members of the Military Forces at any time serving overseas, and at all times during war, the provisions of the Army Act (U.K.) as it was at the date of its repeal in 1956 but subject to amendments effected to it by Australian

Military Regulations.

8. Under this legislation the offences carrying the death penalty are: Section 4: Traitorously delivering up to the enemy a garrison, fortress, post or guard or traitorous correspondence with the enemy; Section 7 : Mutiny or failure to suppress mutiny.

9. A problem of some complexity, and to which no close con­ sideration has been given, is raised by tbe provisions of Parts I and II of the Geneva Conventions Act, and the provisions of Section 41 of the Army Act, when read together in the light of Section 98 of the Defence Act.

10. Section 8 of the Air Force Act applies to the Royal Australian Air Force the Air Force Act 1939 of the United Kingdom, as adapted .

11. Under sections 4, 6 and 7 of the latter Act numerous offe nces committed in the face of the enemy, or treacherously or involving mutiny or sedition are made the subject of the death penalty.

12. In all three Services there are provisions of an administrative nature, for example, requiring certain majorities of the members of a court martial to agree upon it, before imposing a sentence of death. Moreover, in the lists of available punishments, death, as such is stated .

Additionally, Section 59 of the Courts Martial Appeal Act suspends the execution of death sentences until expiration of times fixed fo r making appeals or the exhaustion of all avenues of appeal.

13. The Geneva Convention Act applies to all three Serv ices, which apparently, may be ap-plied by courts martial.

14. Section 24 of the Crimes Act applies to all and the Common­ wealth Places (Application of Laws) Act 1970, in its own terms, extends to all Commonwealth places, including defence establishments, all State laws carrying the death penalty.

15 . Likewise the provisions of the Crimes (Aircraft) Act 1963 and the Crimes (Overseas) Act 1964 can extend in particular to se rvice personnel, but the offences thereunder are not as such triable by court'> martial.

24311 /71 [R71 /1678)

A. H . TANGE Secretary