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Criminal Code Act 1983
431Pardoning power preserved
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431 Pardoning power preserved
Nothing in the foregoing provisions of this Division shall affect the
prerogative of mercy, and a Crown Law Officer, on the
consideration of any petition for the exercise of the prerogative of
mercy having reference to the finding of guilt of any person or to
any sentence passed on a person found guilty of an offence, may:
(a) refer the whole case to the Court whereupon the case shall be
heard and determined by the Court as in the case of an
appeal by a person found guilty of an offence; or
(b) if he desires the assistance of the Court on any point arising in
the case with a view to the determination of the petition, refer
Criminal Code Act 1983 319
that point to the Court for its opinion thereon whereupon the
Court shall consider the point so referred and furnish the
Crown Law Officer with its opinion thereon.