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.