Section 406 — Crimes Act 1961: Prerogative of mercy

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 thinks fit, whether or not that person has appealed or had the right to appeal against the conviction or sentence, either— (a) Refer the question of the conviction or sentence to the Court of Appeal or, where the person was convicted or sentenced by a District Court acting in its summary jurisdiction or under section 28F(4) of the District Courts Act 1947, 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 (b) If he 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. Compare: 1945 No 23 s 17 Section 406(a): amended, on 26 June 2008, by section 16 of the Crimes Amendment Act (No 2) 2008 (2008 No 37). Paragraph (a) was amended, as from 1 April 1980, pursuant to section 18 District Courts Amendment Act 1979 (1979 No 125) by substituting the words “ District Court ” for the words “ Magistrate's Court ” . Paragraph (a) was amended by section 22 Crimes Amendment Act (No 2) 1980 (1980 No 85) by inserting the words “ acting in its summary jurisdiction or under section 28F(2) of the District Courts Act 1947 ” .