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1990 Bermudian death penalty referendum
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August 2019
Are you in favour of capital punishment for premeditated murder in Bermuda? 12 August 1990 Bermuda 1910 8,536 2,237 109 33,700 Registered voters figure is rounded. Sources:https://api.parliament.uk/historic-hansard/lords/1994/feb/09/the-dependent-territories#S5LV0551P0_19940209_HOL_107 The Dependent Territories There were 8,536 votes in favour of retention of the death penalty and 2,237 in favour of abolition Robert Gascoyne-Cecil Cranborne [Viscount] Robert Gascoyne-Cecil, 7th Marquess of Salisbury 551 1601 Lords 9 February 1994
A referendum on the death penalty for premeditated murder was held in Bermuda on 12 August 1990.5 October 1999 12 August 1998 Bermuda Sun Colin Benbow The yawn of August https://web.archive.org/web/19991005164616/https://www.bermudasun.org/issues/aug12_98/forumaug12_98.html dead https://www.bermudasun.org/issues/aug12_98/forumaug12_98.html Rounding out the actual numbers, of the 33,700 eligible voters, 10,800 bothered to show up. This was a third of the electorate. There were 109 spoilt ballots The referendum was held following pressure from the United Kingdom government. The Parliament of Bermuda passed the Capital Punishment Referendum Act 1989 to provide for the referendum.Bermuda Consolidated Legislation: Capital Punishment Referendum Act 1989 http://www.commonlii.org/bm/legis/consol_act/cpra1989304/ commonlii.org 7 July 2024 22 June 1989 3 March 2016 https://web.archive.org/web/20160303231926/http://www.commonlii.org/bm/legis/consol_act/cpra1989304/ dead Voters approved of retaining the penalty, with 79% voting in favour.
The death penalty was later abolished in December 1999 by the Parliament of Bermuda.Bermuda Consolidated Legislation: Abolition of Capital and Corporal Punishment Act 1999 http://www.commonlii.org/bm/legis/consol_act/aocacpa1999418/ commonlii.org 7 July 2024 23 December 1999 August 2026 InternetArchiveBot
History
As a British Overseas Territory, Bermuda had traditionally inherited British law with regards to legal punishments. The United Kingdom abolished the death penalty for murder in 1969,http://news.bbc.co.uk/onthisday/hi/dates/stories/december/16/newsid_3258000/3258437.stm 1969: MPs vote to abolish hanging 16 December 1969 31 May 2026 BBC News but retained it for the crimes of arson in royal dockyards, treason, piracy and espionage.8 Out of 10 Brits: Intriguing and Useless Statistics about the World's 79th Largest Nation Croker Charlie Random House 2010 978-0099532866 175 However, this abolition did not extend to Bermuda due to them having self governance.https://bernews.com/2010/04/bring-the-death-penalty-back-we-cant/ BerNews Legal Position of Death Penalty in Bermuda 11 April 2010 31 May 2026 The Parliament of Bermuda had debated abolishing it in 1979 following the hangings of Erskine Burrows and Larry Tacklyn for murdering the Governor, Sir Richard Sharples but nothing came of it.https://www.cambridge.org/core/books/reluctant-abolitionists/cut-the-noose-loose/78E5AE94DEC648E9E6BA4C7DC8DFA1FB Reluctant Abolitionists: Britain and the End of the Colonial Death Penalty James M. Campbell 31 May 2026 Cambridge University Press 209–248 10.1017/9781009595209.006 978-1-009-59517-9 31 May 2026 In 1989, they passed a law authorising a referendum to be held to determine if the public wished for Bermuda to retain the death penalty for premeditated murder.http://constitutionnet.org/vl/item/bermuda-capital-punishment-referendum-act-1989 Bermuda - Capital Punishment Referendum Act 1989 ConstitutionNet 31 May 2026 However, the referendum would be non-binding on the government.
Results and aftermath
The referendum was the first ever called in Bermuda. The voters were asked if they supported or opposed retention of the death penalty. 79% of Bermudans who voted, voted in favour of retaining the death penalty.https://www.caymancompass.com/1990/08/31/bermuda-retains-death-penalty Cayman Compass 1990-08-31 Bermuda retains death penalty 31 May 2026 However, participation was low with only around 32% of the eligible electorate turning out to vote.https://www.royalgazette.com/other/news/article/20110209/plp-to-compare-death-penalty-vote-with-independence-referendum/ Royal Gazette PLP to compare death penalty vote with Independence referendum Paul Egan 1 June 1995 31 May 2026
The death penalty for murder was abolished in 1991 in all other British Dependent Territories in the Caribbean due to the Caribbean Territories (Abolition of Death Penalty for Murder) Order 1991,https://www.legislation.gov.uk/uksi/1991/988/made The Caribbean Territories (Abolition of Death Penalty for Murder) Order 1991 Legislation.gov 31 May 2026 though this did not extend to Bermuda. By 1997, a majority of Bermudian MPs had indicated they were against the death penalty.https://www.royalgazette.com/other/news/article/20110209/no-to-death-penalty-say-most-of-bermudas-mps/ Royal Gazette 'No' to death penalty, say most of Bermuda's MPs Raymond Hainey 10 December 1997 31 May 2026 In December 1999, the Parliament of Bermuda voted to abolish the death penalty for any offence, effective from 1 January 2000.https://www.amnesty.org.uk/knowledge-hub/all-resources/new-legislation-bermuda-shows-way-forward/ New legislation: Bermuda shows the way forward 11 January 2000 Amnesty International UK 31 May 2026https://www.bermudalaws.bm/Laws/Consolidated%20Law/1999/Abolition%20of%20Capital%20and%20Corporal%20Punishment%20Act%201999 ABOLITION OF CAPITAL AND CORPORAL PUNISHMENT ACT 1999 Bermuda Laws 2026-05-31
References
Bermuda
Category:Referendums in Bermuda
Death
Category:Capital punishment
Category:Capital punishment referendums