South Australian Current Acts

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CRIMINAL PROCEDURE ACT 1921 - SECT 173

173—References by Attorney-General

        (1)         Nothing in this Part affects the prerogative of mercy but the Attorney-General, on the consideration of any petition for the exercise of Her Majesty's mercy having reference to the conviction of a person on information or to the sentence passed on a person so convicted, may, if the Attorney-General thinks fit, at any time, either—

            (a)         refer the whole case to the Court of Appeal, and the case must then be heard and determined by that Court as in the case of an appeal by a person convicted; or

            (b)         refer any point arising in the case to those judges for their opinion and those judges, or any 3 of them, must consider the point so referred and furnish the Attorney-General with their opinion accordingly.

        (2)         If a full pardon is granted to a convicted person in the exercise of Her Majesty's mercy in relation to a conviction of an offence, the Attorney-General may refer the matter to the Court of Appeal and the Court of Appeal may, if it thinks fit, quash the conviction.



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