Petition for mercy may be referred to Court of Appeal
140 Petition for mercy may be referred to Court of Appeal
A petition for the exercise of the Royal Prerogative of Mercy in relation to an offender convicted on indictment, or to the sentence imposed on such an offender, may be referred by the Attorney General to the Court of Appeal either —
for the whole case to be heard and determined as if it were an appeal by the offender against the conviction or against the sentence (as the case may be); or
for an opinion on any specific matter relevant to determining the petition.
When making a referral under subsection (1)(a) the Attorney General, having regard to the petition, may specify the grounds of appeal to be heard and determined by the Court of Appeal.
The Court of Appeal must give effect to the referral.
[Section 140 amended: No. 45 of 2004 s. 37; No. 84 of 2004 s. 63.]
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