Crimes Act 1961

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406 Prerogative of mercy


Nothing in this Act shall affect the prerogative of mercy, but the Governor-General in Council, on the consideration of any application for the exercise of the mercy of the Crown having reference to the conviction of any person by any court or to the sentence (other than a sentence fixed by law) passed on any person, may at any time if he or she thinks fit, whether or not that person has appealed or had the right to appeal against the conviction or sentence, either—


refer the question of the conviction or sentence to the Court of Appeal or, where the person’s right of appeal against conviction under section 229 of the Criminal Procedure Act 2011 was to the District Court or the High Court, to the High Court, and the question so referred shall then be heard and determined by the court to which it is referred as in the case of an appeal by that person against conviction or sentence or both, as the case may require; or


if he or she desires the assistance of the Court of Appeal on any point arising in the case with a view to the determination of the application, refer that point to the Court of Appeal for its opinion thereon, and the court shall consider the point so referred and furnish the Governor-General with its opinion thereon accordingly.


A reference under this section must be published in the Gazette.

Compare: 1945 No 23 s 17

Section 406(1)(a): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 406(1)(a): amended, on 1 July 2013, by section 6 of the Crimes Amendment Act (No 4) 2011 (2011 No 85).

Section 406(1)(a): amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

Section 406(2): inserted, on 5 August 2013, by section 77(3) of the Legislation Act 2012 (2012 No 119).